Maintaining U.S. Permanent Residence
A U.S. permanent resident (green card holder) must by law comply with certain responsibilities including filing U.S. taxes, registering with the U.S. Selective Services (for males ages 18-26) updating his address with the government, and
not leaving the U.S. with the intention of living somewhere else permanently
I have a green card, but have been living outside of the U.S. for years. Can I use my green card to come back into the U.S.?
Reentering the U.S. after a long trip
There is not one magic list that exists where we can check whether a green card is valid. Instead, when you apply for a benefit, such as naturalization, or you attempt to enter the U.S. from abroad, the government may determine that you abandoned your permanent resident status and will initiate a process to relinquish your green card. United States CBP has the authority to decide at the border whether a person has abandoned their residency and may not allow that person to enter.
Today the U.S. Supreme Court declined to take action on DACA. Here’s a summary of where DACA stands as of today, 2/20/2018.
I have never applied for DACA. Can I apply?
No, USCIS is not currently accepting applications for someone who has never applied for DACA.
I am a current DACA holder and my work permit has expired or will expire soon. Should I renew?
Yes, you should probably renew. If you have a change in situation or an encounter with law enforcement since your previous application, check with an attorney before renewing. Although President Trump initially set a deadline of March 5, 2018, two separate federal courts have now ruled that he cannot end the program.
Can I travel outside of the U.S. as a DACA holder?
No, USCIS has not authorized grants of Advance Parole for travel outside of the U.S. at this time.
Continue following USCIS.org for updates on the DACA program.
Asylum Backlog – Processing Changes
USCIS announced on 01/31/2018 that it will begin scheduling asylum interviews for recent applications filed before it processes older applications. This last in, first out approach will mean very fast processing and interviews for I-589 applicants who file in January 2018 or after.
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Glendale, AZ 85305
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Rescission of DACA September 5, 2017
**See February 2018 update on DACA
President Trump rescinded DACA on 9/5/2017 with a six month wind down. Here’s what will happen to DACA holders and applicants based on the DHS rescission memorandum:
New DACA Requests
- USCIS will continue to adjudicate properly filed initial DACA requests, and two year EAD work permits will be given to those that are approved.
- No more initial requests will be accepted beginning today 9/5/2017.
- USCIS will continue to adjudicate properly filed DACA renewals, and two year EAD work permits will be given to those that are approved.
- No more renewal requests will be accepted beginning today 9/5/2017.
- DACA holders will not have their deferred action status nor their work permits terminated, but they will not be able to renew.
Advance Parole travel
- The government will not approve any new requests for I-131 advance parole (AP) travel. It will refund fees for DACA related pending I-131 applications.
- The government will “generally honor” previously approved AP.*
* USCIS retains authority to revoke or terminate AP at any time. Speak with an attorney before leaving the U.S.
Can I travel abroad while my N-400 naturalization application is pending?
Travel outside of the U.S. is generally acceptable while a naturalization application is pending. Leaving the U.S. does not trigger abandonment of the N-400 and your application will continue processing during your travels. However, there are a few implications to consider before you book your trip:
Can I modify my oath based on religion when I become a US Citizen? I do not believe in bearing arms.
Yes, you are allowed to modify parts of your oath of allegiance based on your sincere, meaningful, and deeply held religious principles against bearing arms or serving in non-combatant military services. Modifying the naturalization oath is a serious decision allowed in some situations. Make sure you fully understand, or talk with an attorney about the oath and your reasons for requesting a modification before making your final decision:
President Trump’s executive order on immigration barred citizens of Iraq, Syria, Iran, Libya, Somalia, Sudan, and Yemen from entering the US for at least 90 days. Yesterday, 01/29/2017, the US Department of Homeland Security released a statement that the executive order does not apply to the entry of lawful permanent residents (US green card holders).
Most immigration attorneys are still not recommending that citizens of the seven listed countries travel outside the US at this time, even in light of this recent statement. See Sound Immigration’s Post for more details.
Canadian visitors to the US do not need a visa, and generally are lawfully admitted to the US for six months. However, recently, some Canadian visitors have been have been learning that US Customs and Border Patrol (CBP) authorized one of their previous trips for a shorter period than expected. This can cause problems with unintentional overstay.