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Adjustment of Status - Preconceived Intent

Los Angeles, CA |

If someone who has abandoned LPR 5+ years ago goes through EB2 based Green Card process again, would that previous abandonement become an issue (such as preconceived intent)?

Clarification: Could the fact that the person has abandoned LPR status before be construed as his/her intention of obtaining LPR status again is not very serious?

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Attorney answers 3


Preconceived intent of what? You'd be applying for a green card, and so your intent is clear from the nature of the application--you have an intent to become, once again, a permanent resident.

I suppose it could be problematic if you were previously a green card holder here, and then you were applying for a nonimmigrant visa. There might be a reasonable suspicion that you were taking a shortcut to resuming your residency in the U.S.

But in your scenario, the person is actually applying for residency. So it shouldn't be an issue.

Does that make sense? Or perhaps I didn't understand your question completely?

Mark Robert Barr

Mark Robert Barr


Clarification: Could the fact that the person has abandoned LPR status before be construed as his/her intention of obtaining LPR status again is not very serious? It is not an issue at all. There is no requirement that someone who obtains residency must keep that status. For whatever reason, you decided to give up residency in the past, but now you'd like it again. No big deal. If you meet the qualifications, it will be approved. And hell, if you get it a second time, and abanon it a second time, who cares? The bigger issue is with people who get residency, and then spend significant periods of time outside the U.S., and then content that they hadn't actually abandonded residency. You're fine--at least if this is the only issue. It's not an issue.


What you are alluding to is irrelevant and will have no effect whatsoever on the merits and final outcome of EB-2 green card petition and application process. Rest assured.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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