Abandonment of Residence

Recorded Date: 
06/05/2012
Recorded Length: 
90 minutes

How long may a lawful permanent resident remain outside of the United States without jeopardizing his or her right to return? Stated another way, under what circumstances will an absence amount to abandonment of permanent resident status? If you have not been asked that question yet, be prepared, because the answer will surely try your talent to put a complex issue into an answer most reasonably intelligent people can understand. Of course, you could say a lawful permanent resident has not abandoned that status if he or she is returning from a "temporary" absence per INA §101(a)(27)(A). But, given administrative and judicial precedent, that may be like trying to determine at what moment a cucumber turns into a pickle. Through a discussion of such precedent and the criterial applied to realistic scenarios, this webinar will offer guidance as to what distinguishes a temporary absence from an abandonment of permanent resident status.

Presenter:

Don Ungar, Of Counsel to Simmons & Ungar and the ILRC
With more than 40 years of immigration law experience, Don has litigated numerous cases before the Board of Immigration Appeals, the federal district courts, courts of appeal and the United States Supreme Court. He was the recipient of the first Jack Wasserman Award for excellence in litigation by the American Immigration Lawyers Association, as well as the Phillip Burton Immigration and Civil Rights Award.