In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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1) QUESTION: I have an approved I-601a provisional waiver for Cuidad Juarez, Mexico. However, I was smuggled into the U.S. Does this make me ineligible for the I-601 waiver?
ANSWER: The I-601a Provisional Waiver is currently only available to waive the 212(a)(9)(B) “3 or 10 year bar” for Unlawful Presence in the US. The I-601a is not currently available to waive an inadmissibility on any other basis. If the consulate determines that someone is subject to any other grounds of inadmissibility, they can revoke the I-601a provisional waiver approval and require the person to file an I-601 waiver application for the Unlawful Presence bar along with any waiver that may be available for the other ground of inadmissibility.
That being said, you cannot be found inadmissible for smuggling yourself into the US. So paying someone to bring you to the US will not make you subject to that ground of inadmissibility. However, paying someone to smuggle someone else into the US could be the basis for someone to be found inadmissible for smuggling. This is true even if the other person is a family member.
2) QUESTION: I have been permanent residents since 2008. I will be graduating from high school soon and am planning on going back to India for college. What must I do so that I can keep US permanent residence while I am in college?
ANSWER: US permanent residents must continue to maintain the US as their primary residence or they risk abandoning their status. Here are some tips on how a US permanent resident can maintain their status while they are studying abroad:
- Obtain a Reentry Permit and return to the US before it expires. The Reentry Permit is only valid for 2 years. Do not stay abroad beyond the expiration date on the reentry Permit; The foreign national must be in the US when they apply for a new Reentry Permit;
- Continue to use parents’ US address as primary residence;
- File U.S. tax returns or have parents’ list foreign national on their tax returns. Be careful that the foreign national should not be listed as a nonresident on the tax returns;
- Where possible the foreign national should return to the US at least once every 11.5 months. Even better is if the foreign national can return to the US at least once every 5.5 months;
- The foreign national should not purchase a home abroad;
- The foreign national should not take employment abroad;
- The foreign national should keep their US driver’s license current.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.