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Brittany Lowe

Family Immigration, Green Card, permanent resident

Understanding conditional green cards

Green cards, also called permanent resident cards, are generally valid for ten years. A permanent resident renews his or her ten-year card by submitting USCIS form I-90 renewal/replacement of permanent residence card. A conditional permanent resident, however, receives a green card that expires in two years. The conditional resident must complete a more involved process to remove conditions and be issued the ten-year permanent resident card. Continue Reading

Family Immigration, Green Card, Travel Document, Trump

Green card holder living abroad for years

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.

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DACA, DACA Renewal, Trump

DACA update- February 2018

DACA Update

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.

DACA, DACA Renewal, Executive Order

DACA Rescission

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.

DACA Renewals

  • 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.

 

Family Immigration, Naturalization, Travel Document

Travel while N-400 naturalization application is pending

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:

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Citizenship/Naturalization, Family Immigration, Naturalization

Modifying oath for new U.S. Citizens based on religious objection to bearing arms

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:  Continue Reading

Executive Order, Family Immigration

Update on Immigration Executive Order for permanent residents

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.