> The LPR card alone is enough to seek admission following an absence
> from the US of up to one year. Once that year has passed the alien
> needs a reentry permit. Over two years and they require an SB1 visa.
> That's probably where the attorney got the one year from.
>
> The husband can leave for up to one year as long as his place of
> general abode, without regard to intent" is still in the US.
>
> The time period away from the US isn't as material to the question as
> what ties he maintains to the US.
>
> I don't see a problem with going away for work and coming back within
> a year as long as he maintains a residence and ties to the US.
> However, if he tries to string a series of visits out of the US for
> *just* less than a year at a time he may have trouble. That's a good
> way to end up in removal proceedings.
>
> Also an LPR out for less than 6 months is not always subject to the
> grounds of inadmissibility. The government would have to prove they
> are removable.
>
> An LPR out more than 6 months is subject to the grounds of
> inadmissibility. The alien holds the burden to prove they are
> admissible.
Sigh. Not bad. Not entirely accurate, but not bad.
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com |
