On the first day of class, my immigration law professor provided us with a copy of a Form I-551 (better known as a “Green Card”) belonging to one of his clients. He accurately dubbed the document as the “Holy Grail” of immigration practice. Obtaining permanent residence is no easy task. It may be the fruition of an interview examining the bona fides of one’s marriage, testing the U.S. labor market or proving that a $500,000 investment created 10 full-time jobs. Some immigrant visa categories date back years or even decades. It is therefore vital to know the rules and responsibilities of having lawful permanent resident (LPR) status so that it can be retained and repeating a lengthy, daunting process can be avoided.
A U.S. permanent resident can lose his or her status based on either criminal violations or by abandonment. Although the analysis of whether an alien will lose status based on a conviction is full of its own interesting nuances, rare is the occasion where a client will ask which laws he or she may break and still remain in the Immigration Services’ good graces. On the other hand, one of the most common questions immigration lawyers field is how to avoid abandonment of status when a permanent resident plans to spend an extended period of time abroad.
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