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Abandoning U.S. Residency

As a result of COVID-19, many green card holders are choosing to temporarily move out of the United States until a vaccine is produced.  Green cards allow you to live and work in the U.S. on a full-time basis.  It is a “use it or lose it” status – meaning that if you do not live in the U.S., you run the risk of “abandoning” your residency status.  If you remain outside of the U.S. for 1 year or more, a customs officer may revoke your green card and deny you entry if they think you abandoned your residency status.

Re-Entry Permits

As a result of COVID-19, many green card holders are choosing to temporarily move out of the United States until a vaccine is produced.  In many cases, this may mean leaving the U.S. for more than one year.  Green card holders who are currently in the U.S. should apply for a re-entry permit before moving abroad.  A re-entry permit will allow the green card holder to remain outside the U.S. for up to 2 years without abandoning their residency status.  In other words, you can reside outside of the U.S. for 2 years and still be able to return to the U.S. and keep your green card without the risk of abandoning your status here.

 

Returning Resident Visas

Green card holders who are currently residing outside of the U.S. and who do not anticipate being able to returning to the United States can apply for a Returning Resident Visa at a U.S. consulate abroad.  To qualify for this visa, you have to demonstrate that there were circumstances beyond your control that prevented you from returning to the U.S.  Arguably, the worldwide COVID-19 pandemic would qualify as good cause.

Summary

On April 22, 2020, Trump issued an Executive Order titled “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.”

Under the Executive order, U.S. consulates around the world will be suspended from issuing and approving new immigrant visas (green cards) for sixty (60) days – ending on June 21, 2020.  However, the President reserved the right to modify or to extend the Executive Order.  Those who have applied for immigrant visas which have not yet been approved as of April 22, 2020 are subject to the Immigration Ban.  There are also several exceptions to this ban, including spouses and children of U.S. citizens.

It should be noted that just about all U.S. consulates around that world have been temporarily closed since the COVID-19 outbreak in March 2020.  As such, both immigrant and non-immigrant visas have not been processed by consulates for the past month anyway.

USCIS Applications Will Proceed as Usual

One important note to the Executive Order is that applications submitted to USCIS are not affected.  This means that anybody who has filed any immigrant applications (marriage green cards, employment green cards) or non-immigrant applications (H-1B, TN, E-2, L-1, etc.) may continue to do so.  Also, any pending applications with USCIS will continue to be adjudicated.

Exceptions to the Immigration Ban

There are several exceptions to the ban.  An excerpt of the official Executive Order outlining exempt categories is below:

Scope of Suspension and Limitation on Entry.

• (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:
  • (i) are outside the United States on the effective date of this proclamation;
  • (ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and
  • (iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
• (b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
  • (i) any lawful permanent resident of the United States;
  • (ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
  • (iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
  • (iv) any alien who is the spouse of a United States citizen;
  • (v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
  • (vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
  • (vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
  • (viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
  • (ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

A lot of green card holders in the U.S. have lost their jobs due to the COVID-19 Coronavirus.  3.3 million people in the U.S. were unemployed as of March 26, 2020.

One the first things people do when they lose their job is to apply for unemployment insurance.  Green card holders are eligible to receive UI, but our office has been getting a lot of calls and emails from people asking whether doing so will affect their status.

Rest assured that any green card holder who applies for and receives unemployment insurance will not lose their green card.  Nor will doing so adversely affect their immigration status in any way.

So, if you are eligible to apply for unemployment insurance, you may do so without fear of losing your residency.

Stay safe, stay healthy, and positive vibes.

 

When applying for a green card through marriage, it is crucial that the application includes sufficient proof that the marriage is genuine, bona fide, and entered into in good faith and not for the purposes of getting a green card.

While evidence can vary from case to case, below are the primary categories of documents that our firm always asks our clients to provide:

Proof of History of the Relationship

These documents demonstrate that the couple has been in a relationship for an extended period of time, including the period of time that they were dating and when they were married.  Documents can include:

• Photos
• Travel itineraries

Proof of Commingling of Accounts or Assets

These documents demonstrate that the couple has combined their assets.  Documents can include:

• Joint bank account
• Joint credit card
• Joint insurance

Proof of Living Together

Finally, we suggest providing proof that the couple lives together.  Documents can include:

• Joint mortgage or lease
• Joint utilities
• Mail to the same address

Again, no two cases are the same and evidence will vary depending on your situation.  Please call our office if you are considering a marriage green card application.  We have years of experience in navigating the proper evidence needed to get an approval the first time.

 

 

Our office has been getting a lot of calls from people who are currently in the U.S. on a non-immigrant visa and whose statuses are about to expire.  With so much uncertainty about traveling during the COVID-19 (CoronaVirus) pandemic, they want to know what options they have to stay in the U.S.  This post will discuss two common ways to stay in the U.S. beyond the duration of your current non-immigrant status:  1) Extension of Status; and 2) Change of Status.

Extension of Status

 

 

 

 

 

 

 

 

 

 

 

 

Extension of status is exactly what it sounds like.  It is a request to USCIS to extend your current non-immigrant status.  For example, Nina has been in the U.S. on a B-2 visitor visa for the past five months, and her I-94 record indicated that she is permitted to stay for six months.  This means that she will go out of status in one month.  Nina can submit an application to extend her B-2 status to USCIS.  So long as it is received by USCIS prior to the expiration of her current status, she will be permitted to stay without accruing unlawful status until USCIS makes a decision.  If her application is approved, her B-2 status will be extended to the date requested – or another date as determined by the USCIS officer.  Note that Nina will lose her status if she leaves at any time while the application is pending, or after it is approved.

Change of Status

 

 

 

 

 

 

 

 

 

Change of status is similar to extension of status.  However, instead of extending your current non-immigrant status, you are requesting to change to another status.  For example, Charlie is currently in the U.S. in H-1B status which does not expire for another year.  However, Charlie’s company is going through financial difficulty and he is laid off – causing him to go out of status.  He has a grace period to either depart the U.S. or to change to another status.  Instead of returning home, he decides to enroll in a Master’s Degree program at a local university.  If he is accepted, he can apply for a change of status from H-1B to F-1 student with USCIS.