Adjustment of Status - Preconceived Intent

Asked over 1 year ago - 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)?

Additional information

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?

Attorney answers (3)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . No

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Mark Robert Barr

    Contributor Level 16


    Lawyers agree

    Answered . 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?

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