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Video instructions and help with filling out and completing Reporting death of green card holder

Instructions and Help about Reporting death of green card holder

I'm moses absent immigration attorney and today i'd like to speak about widows and widowers of united states citizens you know things like this happen you get married and for some reason your spouse dies now before 2021 if you married someone there was an American citizen let's say and that you've lived with them for like a year and a half and the person dies you would have no rights but in 2021 this changed as long as you're married to the person doesn't matter how long you can file for your green card as a widow of a United States citizen you have two years to do this but once you file proof of the death certificate and the proof that you were actually residing together you would normally be able to get your green card relatively quick time if you look through the site I have many articles about this subject and I certainly can assist you with filing your papers should you need an attorney if you need an appointment schedule a schedule it and I will speak to you personally you.

FAQ

I am a US green card holder. I need to stay outside of the US more than 6 months. What can I do?
This is my personal experience being an LPR staying outside the US for over 4 yrs. First of all, I’ve been an LPR for 30yrs. I had to leave the US for personal/family reason and didn’t have time to file the proper paperwork before I left. I knew the chances of never getting back in the US was low, actually very low, when I left the US.Each year that passed by, I knew the chances were getting slimmer and slimmer. Then on the 4th yr and my green card was also due to expire, I just took a chance and book a one way ticket back to the US. Worse case scenario was to get denied entry and get sent back.So I arrived in the U.S., CBP took me to a room and questioned me. I presented all my documents and explain to them why I couldn’t come back until now. After about an hr, the CBP officer shook my hand and welcomed me back into the U.S. and to apply for citizenship, which I am now.For anyone in a difficult situation like mine and you must stay longer than a year, don’t give up hope. Make sure to have all your documents. VERY VERY important! As for me, I had an active bank acct, health/auto insurance, and filed my taxes yearly. Also, make sure to have a valid reason and why it was difficult for you to return within the recommended time frame. I think all they’re looking for is whether you call the U.S. your primary resident and you’re just staying abroad temporary, like in my case 4 yrs.
How long can a US green card holder stay out of the US before losing their permanent resident status?
Q: How long can you stay out of the USA with a permanent resident green card?The answer is of course - forever.There’s no requirement for you to live or stay in the USA unless you intend to maintain your permanent residency in the USA.If you want to, you can leave the USA and never come back - there’s no legal requirement for you to remain.That’s the answer to the question you asked.If however you meant “how long can I stay out of the USA while maintaining my permanent residency status” - the answer would be..it depends..When entering the USA, if the immigration officer believes you’ve abandoned your permanent residency, even if you’ve only been gone a day, they can deny entry.Usually you’re ok though being absent for “typical vacation durations” - a few weeks, a month etc.After a few months though you’re likely to be subject to more questions and after a year abandonment is presumed and you must apply for (and receive) an I-131 prior to your return trip.Can a U.S. lawful permanent resident leave multiple times and return
What is the duration that a green card holder can stay outside of the USA?
Depending on circumstances, a green card holder could be outside the US for a long time and still be able to return and resume his/her residency. As a general rule, the following guidelines may helpLess than six months: A permanent resident outside the US for under six months should face no troubles upon re-entry.More than six months, less than one year: There could be additional questions asked as to why the holder was outside the US for so long as well as questions about ties to the US. Provided the holder can demonstrate that they still intend to reside full time in the US, re-entry should be no trouble.More than one year but less than two years: The holder should apply for a re-entry permit prior to leaving the US. The permit demonstrates that the holder does not intend to give up his/her permanent resident status. Again, additional questions will be asked on re-entry, but if the holder demonstrates ties to the US and no intent to abandon their status, re-entry should be no problem.More than two years or beyond the expiry date of their re-entry permit: This is where a determination of abandonment of permanent resident status could be made. The reasons for remaining outside the US for such a long period should be exceptional and compelling. The holder should have maintained significant ties to the US, like a home, family, filed and paid US taxes, etc.Special case: Pattern of frequent long trips outside the US: If a holder demonstrates that s/he spends more time outside the US than in it, even if the trips are never more than six months, for example, abandonment can still be an issue.The intent of being a permanent resident is to reside in the US. If a holder wants to globe trot, but still have the right to live in the US, they should obtain citizenship as soon as possible.Each absence will interrupt the residency requirement for naturalization with some exceptions.One final note: If a holder is asked to voluntarily sign form I-407, Record of Abandonment of Permanent Resident Status, they should not do so. The holder is entitled to an immigration court hearing on the issue and the decision as to whether they have abandoned their status will be made by an immigration judge, not a CBP officer. The onus is on the government to prove that a holder has abandoned their status.Disclaimer: I am not an attorney and this answer should not be construed as legal advice.
How long can a US Green Card holder stay out of the US before losing their permanent resident status? What if you live outside the US but go to the US for 2-3 weeks every six months?
You are in the U.S. 2-3 weeks every 6 months. As you appear to realize, you may be in danger of losing your green card because you are living abroad but merely touching down in the U.S. periodically. The leading U.S. immigration law treatise says,  A frequently confronted problem concerns noncitizens who obtain lawful admission for permanent residence and then soon return to their home and employment in a foreign country, visiting the United States briefly each year thereafter. Such noncitizens are under the mistaken impression that this use of the residence card each year enables them to retain their lawful resident status, as assurance of easy access to the United States. Sometimes this plan may succeed for several years, but at each entry the noncitizen faces the danger that an immigration officer may determine that he or she has abandoned residence status and place him or her in removal proceedings. A lawful permanent resident (LPR or green card holder) is only allowed to enter the U.S. with the green card if "returning from a temporary visit abroad." INA 101(a)(27)(C). A visit abroad is only "temporary" if it is for a relatively short and concrete purpose, upon conclusion of which the LPR returns to his or her main home in the U.S., where the LPR lives, works, etc. The higher the percentage of time spent abroad, the more likely your status will be called into question. For example, in one case the court found a noncitizen had abandoned LPR status because, in part, during the 116 months from admission as an LPR to the time she was charged with abandonment, she spent 35% of her time in the U.S. and 65% abroad. E.g., Lateef v. Holder, 683 F.3d 275 (6th Cir. 2012). Similarly, where an individual spent 4 years outside the U.S. with the exception of 3-4 week visits each year, she was found to have abandoned LPR status. Matter of Huang, 19 I. & N. Dec. 749 (BIA 1988).  I'm going to pass on recommending the best airport to use to try to reenter the U.S. In part, this is because the best airport may be the one en route to what is arguably your "home," where you live in the U.S. If you fly into another airport, especially in a tourist destination, you may reenforce the impression that you don't live in the U.S. but are merely visiting so shouldn't be readmitted as an LPR. I'd recommend that if keeping your LPR status is a priority then you should focus on reorganizing your life to prove to the inspector in the airport that your stay abroad has been temporary and that you retain strong ties to the U.S. For more, see Risk of Abandoning Green Card by Staying Abroad Over 6 Months.
After a US green card holder files the petition for his wife, how long does it take for her to get into the US?
A spouse of a US Greencard Holder is not considered an immediate category, meaning there is a line for getting the immigration visa.According to the May 2021 Visa Bulletin, the applications currently processed were filed in Nov 2021 (August 2021 for those born in Mexico). Add 6-12 months of bureaucracy on top of that, and you get something around two years.
What are the benefits of getting a "green card"? How has your life changed after being a green card holder?
What are the benefits of getting a "green card"? How has your life changed after being a green card holder?As other commenters have noted, a “Green Card” is actually a “permanent resident” visa giving you the right to live permanently in the USA as long as your intent is to continue living permanently in the USA. In other words, you would lose the “permanent resident visa” at the point that your intention (which is a subjective test) changes.I am adding a comment on this thread to illustrate two very distinct DISADVANTAGES to getting a “permanent resident” visa.Permanent Resident visa = taxation on worldwide incomeUntil the “permanent resident visa” is properly terminated you will be liable for full taxation on your “worldwide income” even if you are temporarily living outside the United States (which can put the “permanent resident visa” in jeopardy). By the way, simply moving from the United States to another country will NOT terminate your tax obligations to the United States!2. Possibility of “Exit Tax” if you abandon the Green CardWithout getting overly technical, this is a warning!!!!If you have had the “permanent resident visa” for 8 of the last 15 years prior to your abandoning the “permanent resident” visa, you will be considered a “long term resident” and therefore subject to the S. 877A Exit Tax rules. In other words, if you try to move permanently from the United States you may have to pay the United States a significant share of your assets!!For this reason, would think long and hard before getting that “permanent resident visa” AKA “Green Card!” There are less dangerous visas to use for working in the United States.Bottom Line:Get the “permanent resident visa” (AKA Green Card) if and only if you either intend to live in the United States permanently OR you plan to NOT live in the United States for as long as 8 years. The “Green Card” can be kryptonite!!
How can an out-of-country lawyer (green card holder) be licensed to practice in New Jersey?
To practice a s a lawyer, one must pass the bar exam of the state he/she wants to practice in. Even attending a law school is not mandatory.
Is there any permission form that green card holders need to be fill out to stay for more than six month in India?
Although 6 months stay may not be an immediate problem, if your situation looks ike you take up residence in India for some reason, you may lose your green card. So, I strongly suggest reading this PDF document from USCIS:https://www.uscis.gov/sites/defa...
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