ImmiTips

According to the Department of State’s Foreign Affairs Manual a lawful permanent resident that has remained outside the U.S. for more than one year may be eligible for returning resident status. To qualify for such status, the LPR must demonstrate to the consular officer that: (1) at the time of departure, the LPR intended to return to an unrelinquished residence in the States; and (2) his or her reasons for remaining abroad were beyond his or her control. See 9 FAM 42.22 N1.1.

USCIS’ policy of tolling unlawful presence while an application is pending protects applicants from being forced to abandon pending applications upon the expiration of their status. Due to equitable tolling, applicants may remain in the U.S. legally for the duration of the application process, even after their previously approved status has expired.

Secure Communities is a government program instituted by the Department of Homeland Security that encourages interaction between state and local authorities, and Immigration and Customs Enforcement (ICE), in order to increase the efficacy of immigration enforcement and dedicate the highest priority to criminal aliens who pose the largest threat to public safety. DHS hopes that the program will optimize ICE’s use of the limited funds appropriated each year for immigration purposes.

In the event that an LPR misplaces his or her reentry permit while inside the United States, (s)he should file a Form I-131 to replace it. If the LPR is outside the U.S. at the time the document is lost, (s)he should try to return before the one year anniversary of his or her departure. If this is not an option, (s)he must file a DS-117 to apply for a returning resident visa.

In general, when an employer employing foreign nationals decides to make deductions from such an employee’s salary, the employer must be sure that doing so would not push the employee’s actual wages below the prevailing wage required by the labor certification. Exceptions are made for “authorized” deductions that are required by law and/or that are also made against the wages of U.S. workers similarly employed.