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.

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 order to qualify for the EB-5 immigrant visa classification, the petitioner must show that (s)he has the required funds to actively invest in an enterprise that will create no less than 10 full time jobs for U.S. citizens or other qualified workers. Not only must the petitioner provide sufficient funds—acquired lawfully—but the petitioner must also take an active role in the enterprise in which (s)he invests.

If passed, the StartUp Visa Act of 2011 would create an opportunity for immigrant entrepreneurs to bring their innovative business plans to the United States. It would add to the number of immigrant visas issued every year, but would draw from the number of visas already allocated to the EB-5 visa classification. In recent years, only half of the yearly allotment of visas in the EB-5 category has been issued. In theory, the implementation of the Act would help stimulate the U.S. economy by attracting a greater number of talented entrepreneurs who may not have qualified for immigrant visas before due to financial limitations.

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features.  Beginning today, USCIS will issue all Green Cards in the new, more secure format.
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