ScottVassell & LeeCC Law Firm - immigration
Free & Standard Consultations Available
Over 20 Years Experience
703-261-6881   Virginia
301-251-4003   Maryland
202-973-0156   D.C.
Free & Standard Consultations Available

Over 20 Years Experience

703-261-6881   Virginia
301-251-4003   Maryland
202-973-0156   D.C.

Do you need a RUSH on Your Immigration Case? Contact us today about our Expedited Services for Preparation & Filing of U.S. Immigration matters.
Contextual

What To Do When the American Dream Is Actually Back Home

| Mar 27, 2015 | Employment & Business Immigration |

Due to changing dynamics in the workforce on a national and global level, our lawyers have seen that new U.S. Permanent Residents are often faced with better job prospects back in their home country. This presents a dilemma when a foreign national has only been in PR status for 5 years or less.
The key issue/question presented by our PR clients is as follows: I have received an excellent job offer back in my home country. My family and I are struggling to “make ends meet” here in the U.S. If I don’t accept the position within the next few days, the offer will be withdrawn. What should I do to maintain my U.S. PR status please?
Immigration Solution: First, we recommend that all PRs in this situation immediately apply for a Reentry Permit to the United States. Application for a Reentry Permit can be tricky and requires an experienced Immigration attorney to file. U.S. Customs Border and Patrol (“CBP”) screens returning U.S. residents especially when it appears travel occurs every six months “or so” into the United States. This indicates that the PR may be attempting to maintain PR status, but is actually living abroad.
The Reentry Permit, when properly drafted by Immigration legal counsel, will provide the U.S. Department of Homeland Security (“DHS”) information needed upfront to guard against risk of losing one’s PR status. DHS, which includes CBP and U.S. Citizenship & Immigration Services, will issue a Reentry Permit to a PR once they understand the reason for residing overseas, and confirm that PR is not in violation of U.S. Immigration laws and regulations.
Alternatively, if a PR decides that they no longer want to reside in the United States, it is essential to still file the necessary paperwork with the U.S. Department of State (“DOS”). Form I-407 is the form requesting “cancellation” of ones U.S. Permanent Resident card without prejudice and is best done through a DOS U.S. Consulate.
In essence, this leaves a PR with the comfort of knowing that they may reapply in the future for PR status in the United States and have a presumption that future applications for PR status can be successful. Even for temporary visas back into the United States, vigilance with one’s PR status now can make the difference in a visa being denied or approved in the future.
You may contact our office at www.scottcclaw.com to meet with one of our experienced immigration attorneys. We have different meeting and office locations based in the Washington D.C. area and surrounding states. We are members of the American Immigration Lawyers’ Association (“AILA”).
Vassell & LeeRC Law GroupTo Call Us Please Click here for Phone Numbers: [email protected] Service U.S. Immigration Law FirmServing Individuals, Employers, Families & Businesses U.S. Immigration Needs Since 1997