General Green Card

Deportation when a permanent resident is involved in Shoplifting

2 years ago By Chief Editor

Question details

My uncle has been a US Permanent Resident since Apr 2021, and recently he got into trouble with Shoplifting Theft (Misdemeanor B). The prosecutor is ready to lower the punishment to Misdemeanor class C theft along with 6 months of unsupervised deferred probation (fine of 99$) with NO CONVICTION. Also, after 2 years, he will have the option for the case to be expunged from the records.

Question: Will this create a legal problem with his current immigration status (LPR), and also, will he face issues after 4-5 years when he is ready to apply for his US citizenship considering the case has been expunged from the records?

FAQ Transcript

These cases do not worry me much as it looks like a minor offense. Although I recommend you speak with a lawyer who practices deportation defense in the state in which the crime occurred. They would know the local criminal statutes. Also remember expungement has no meaning under immigration law. Even if your record gets expunged and if there is ever a question as to your arrest you have to say yes, because the expungement under immigration law has no meaning.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals

2 years ago By Chief Editor

Release Date

09/28/2022

Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.

Can a green card be filed while an employee works outside the US?

2 years ago By Chief Editor

Question details

Is it eligible for green card sponsorship if a job allows working remotely?

FAQ Transcript

There is no requirement that you must be in the United States when your green card is filed. It can be filed while you are still outside the United States.

How long can a green card holder stay outside the US?

2 years ago By Chief Editor

Question details

I received a Green card (GC) last year (Dec 2021). I travelled to India in January 2022 for vacation and have been staying here in India for last 4 months. While on vacation, I have been working for a US employer from India. This is the same employer who sponsored my GC. I am planning to go back to USA in June 2022. This will be the first time I will be travelling back to USA using my GC. Kindly see my questions below.

1) If I mention that I was in India for four months on vacation, would this answer cause any issue with the CBP officer at POE?

2)Is four months of vacation in my home country acceptable for a GC holder?

3) What typical questions could we face at the Port of Entry for someone who spent four months of vacation in their home country?

4) Is working for a US employer from India allowed for a GC holder?

5) Do I need to expect a secondary inspection for additional scrutiny by CBP officers due to my four-month vacation?

FAQ Transcript

1. No, first of all, always be truthful.
2. If the period is less than six months, there should be no problem.
3. Typically, a green card holder who returns in less than six months is not subject to lengthy questions.
4. You can work from anywhere.
5. If it is less than six months, there is generally no secondary inspection.

Guestbook Entry for Suneel Allareddy, United States

2 years ago By Chief Editor

Name

Suneel Allareddy

Country

United States

State

Virginia

Comment

We are thankful to Mr.Rajiv Khanna, Seema Sharma and the team that worked on our Green Card. This entire process they have been supported and gave best directions and suggestions, answered all of our questions. We would like to shout out special thanks to Seema for her help and support. Our experience working with them was very pleasant and positive. Thank you :).

From F-1 OPT directly applying for a green card

3 years ago By Chief Editor

Question details

I was born in the United Arab Emirates, but have Indian citizenship. I did my bachelors in the U.S and am currently pursuing my Masters here as well. I was wondering with the ongoing corona crisis, would it be realistic to apply for GC within 6 months of the job starting and hope I get it before my three years of OPT ends?

FAQ Transcript

Potentially it is possible for you to go directly to Green Card from F-1 if you are not chargeable to India.

March 03, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, March 03, 2022:

FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?

Approved I-140 in May 2009

3 years ago By Rajiv S. Khanna

Question details

Hello Rajiv, My I-140 was approved in May 2009 and unfortunately I lost my job and left US in October 2009. I intend to return back to US once I find good job. If my employer or myself file another I-140 could my priority date be retained from my original approved I-140. I see that current priority date for India is 2012 but obviously my priority date originally was in 2009. In this case can my priority become current as soon as I file my I-140. I will really appreciate your insight in such case.

Prior to January 17, 2017, the rules about priority date retention were uncertain. If your earlier I-I40 was not withdrawn or revoked, you should be able to keep your priority date.

FAQ Transcript

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Documents needed by and anticipated questions for green card holders at the port of entry

3 years ago By Chief Editor

Question details

I am a G.C. holder and will travel next month and plan to return to the U.S. in December. What documents do I need to carry and show at the port of entry when I return to the U.S.? What questions does a CBP officer usually ask a green card holder at the port of entry? Do I need to carry tax returns, pay stubs, W-2, and previous H-1B documents ( I was in H-1B before I got G.C.)?

FAQ Transcript

If it is less than six months, all you need to carry is your green card and passport. If you have any evidence of continued employment, for instance, a couple of W-2's, scan them and put them on the cloud. You can show them to the Customs and Border Protection (CBP) officers if asked. Usually, for exits of less than six months duration, the scope of the CBP inquiry is limited. I doubt you will be asked any questions.

Working outside the U.S. for four months with a recently issued green card

3 years ago By Chief Editor

Question details

I got my green card last month. I plan to go to India and work from India for a U.S. company for 4 months continuously. This U.S. company is the company that sponsored me for G.C.
Is it legally allowed from the USCIS point of view because I stayed and worked for four months continuously from India? Will there be an issue at the port of entry when I return to the U.S. because I stayed and worked for four months continuously from India?

FAQ Transcript

If you leave for less than six months, your scrutiny upon re-entry is not likely to be overly intrusive. As long as you do not form the intention to abandon your permanent home in the United States, that work stint should be fine. You should also not have given up your job in the United States. In your case, you are working for the same company that was your green card petitioner. Working abroad appears to be a continuation of your U.S. employment. Therefore, this arrangement and duration appear to be safe.

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