Maintaining Your Residency

You may have gained your residency in the United States, but you still need to stay on top of maintaining your residency while you’re here. Fortunately, the team at The Law Offices of Ricky Malik, P.C. can help – and we can assist you with a wide range of other immigration needs as well. Read on to see why preserving permanent resident status is so important, and contact us today to get started.

Maintaining Your Residency

Many people assume that when they get their green card, they won’t have to do anything else to stay in the United States. And for the most part, it’s true: You won’t need to deal with visa renewals and all the associated headaches that come with that process. However, you still need to stay on the right track to maintain your residency in the first place.

If you have a green card, you need to protect it. There are some rules in place that can affect your residency in the US, and there are some activities that may result in losing your green card, even after all the hard work you put in to get it.

If you stay outside of the United States for an extended period of time, or keep taking multiple trips out of the country, immigration authorities may question whether you really intend to live in the United States as a permanent resident. The same applies if you don’t file US tax returns, or work outside of the US while claiming to be a resident. There’s also the issue of criminal charges, or other legal issues that may put your residency at risk.

This isn’t meant to scare you or make you feel anxious as a green card holder. You’ve gone through a tough process to finally secure your residency, but some issues can lead to a loss of that residency. This is why it’s so important to get in touch with a lawyer who can help with maintaining lawful permanent resident status.

When you get in touch with an immigration lawyer, your legal team can help you with your green card application. However, they can also help you keep the residency that you’ve fought so hard for already. Your attorney can show you how to keep residency in the US, and they’ll also intervene if you’re having trouble renewing your green card.

Why Experience Matters In Residency Cases

At The Law Offices of Ricky Malik, P.C., our experience sets us apart from the competition:

• We offer clients a wide range of immigration services, including residency and naturalization. We’ll help you stay in country, and even earn your citizenship.
• Attorney and founder Ricky Malik, Esq. has appeared on national television and in the Washington Post. He’s an advocate for immigrant rights, and you’ll get the same level of advocacy from our team.
• With over 20 years of experience, we know the best strategies for maintaining your residency. We also know the common mistakes that could put your residency in jeopardy.

Contact Us Today

At The Law Offices of Ricky Malik, P.C., we’re ready to help you stay in the US. Contact us today, and see how we can assist with maintaining your residency.

Maintiaing Permanent Resident Status

Permanent Residency (LPR or Green Card status) means that the United States is your permanent residence and home. However, sometimes circumstances beyond an individual’s control cause the need for an extended stay outside of the United States, making Maintaining Your Residency an important consideration.

Consider the following when planning long term travel:

1. By law your trip overseas should be less than one year.
2. If your trip will be for more than 1 year, apply for a Re-entry permit before departing the U.S. which will allow you to remain outside the United States for 2 years without losing your Permant Resident Status.
3. If you stayed outside the United States for more than 1 year or more than two years if you applied for a Re-entry permit, then you may be in a difficult situation.  You have two possible options.  Firstly, you can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.  If you cannot meet the SB-1 requirments, then you may want to consider re-applying (starting over) for another immigrant visa if you qualify.

Burden of Proof for SB-1

In order to apply for a Returning Resident visa (SB-1), you will need to prove to the Consular Officer that you:

1. Had the status of a lawful permanent resident at the time of departure from the U.S.;
2. Departed from the U.S. with the intention of returning and have not abandoned this intention; and
3. Are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

Required Documentation

1. A completed Application to Determine Returning Resident Status, Form DS-117
2. Your Permanent Resident Card, Form -551
3. Your Re-entry Permit, if available
4. Dates of travel outside of the U.S. (Examples: airline tickets, passport stamps, etc.)
5. Proof of your ties to the U.S. and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)
6. Proof that your protracted stay outside of the U.S. was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)

At the Law Offices of Ricky Malik, P.C., we offer trusted and comprehensive legal support to individuals, families, and businesses.