22 C.F.R. §42.22 - Returning resident aliens
| Cite as | 22 C.F.R. §42.22 |
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19 practice notes
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Ameeriar v. Immigration and Naturalization Service, 18038.
...name of such an alien be taken off the quota waiting list if he willfully violates his nonimmigrant status while in the United States (22 CFR 42.22(a) (2)). For example, an alien's name will be removed from the quota waiting list if he was issued a visitor visa to attend a business conferen......
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Jane Doe v. Pompeo, Case No. 1:20-cv-00065 (TNM)
...despite being abroad for more than a year, they are still "returning from a temporary visit abroad." 8 U.S.C. § 1101(a)(27)(A) ; see 22 C.F.R. § 42.22(a) ; 9 FAM § 502.7-2. If a visit abroad was temporary, the Green Card holder does not lose her permanent resident status under 8 U.S.C. § 11......
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Roshandel v. Chertoff, C07-1739MJP.
...a lawful permanent resident who remains abroad for more than a temporary period may be refused re-admission to the United States. See 22 C.F.R. § 42.22. The Court rejects the Government's argument that the difficulties Plaintiffs experience in traveling is immaterial—taking off one's shoes ......
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LaTeef v. Holder, 10–3354.
...if she has not abandoned her LPR status or has been away from the U.S. for more than 180 days. 8 U.S.C. § 1101(a)(13)(C)(i) & (ii); 22 C.F.R. § 42.22(a). If the LPR's trip abroad is protracted, she is still admissible to the U.S. if “this was caused by reasons beyond [her] control and for w......
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15 cases
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Ameeriar v. Immigration and Naturalization Service, No. 18038.
...name of such an alien be taken off the quota waiting list if he willfully violates his nonimmigrant status while in the United States (22 CFR 42.22(a) (2)). For example, an alien's name will be removed from the quota waiting list if he was issued a visitor visa to attend a business conferen......
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Jane Doe v. Pompeo, Case No. 1:20-cv-00065 (TNM)
...despite being abroad for more than a year, they are still "returning from a temporary visit abroad." 8 U.S.C. § 1101(a)(27)(A) ; see 22 C.F.R. § 42.22(a) ; 9 FAM § 502.7-2. If a visit abroad was temporary, the Green Card holder does not lose her permanent resident status under 8 U.S.C. § 11......
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Roshandel v. Chertoff, No. C07-1739MJP.
...a lawful permanent resident who remains abroad for more than a temporary period may be refused re-admission to the United States. See 22 C.F.R. § 42.22. The Court rejects the Government's argument that the difficulties Plaintiffs experience in traveling is immaterial—taking off one's shoes ......
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LaTeef v. Holder, No. 10–3354.
...if she has not abandoned her LPR status or has been away from the U.S. for more than 180 days. 8 U.S.C. § 1101(a)(13)(C)(i) & (ii); 22 C.F.R. § 42.22(a). If the LPR's trip abroad is protracted, she is still admissible to the U.S. if “this was caused by reasons beyond [her] control and for w......
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2 firm's commentaries
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New Developments For Green Card Holders Still Abroad During COVID-19
...cases, one option is clearly better than the other The SB-1 visa is a type of special immigrant visa provided under INA 101(a)(27)(A). 22 CFR 42.22 lists the specific requirements. Among them is the requirement that the protracted stay abroad 'was caused by reasons beyond the alien's contro......
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New Developments For Green Card Holders Still Abroad During COVID-19
...cases, one option is clearly better than the other The SB-1 visa is a type of special immigrant visa provided under INA 101(a)(27)(A). 22 CFR 42.22 lists the specific requirements. Among them is the requirement that the protracted stay abroad 'was caused by reasons beyond the alien's contro......