L-1 has been rejected, re-apply for approval without supporting documents
permanent resident, green card, overseas,
As a legal permanent resident of the United States, green card holders must pay attention to the length of time they spend overseas.
Year: Early 2021
Nationality: Chinese
Applicants: Mr. Wang & Mrs. Wang
Difficulties in this case:
• After the couple obtained their green cards in 2005, they used to work and live in the United States, but they entered the country 2-4 times a year in the past 5 years, and stayed 8-14 days each time; they only stayed in the United States for 28 days in the last 3 years;
• After returning to China in 2019, I did not expect that the epidemic in 2020 disrupted all plans, and I have never had the opportunity to return to the United States;
• Did not apply for a reentry permit before leaving the country in 2019, and it has been more than one year before returning to the United States;
• The work and life of Mr. Wang and his wife have been transferred to China, the car has been sold, the real estate in the United States is rented out, and there is no permanent residence, so different documents show multiple different addresses;
• There are no relatives in the United States, and all relatives and friends are in China.
Brief background:
Mr. Wang and Mrs. Wang obtained green cards in 2005. Due to Mr. Wang’s job change, the couple returned to live and work in China five years ago, and the time they lived in the United States became very short. In October 2019, Mr. Wang and Mrs. Wang returned to China again due to work, and planned to return within half a year, so they did not apply for a reentry permit before leaving.
Unfortunately, due to the epidemic at the beginning of 2020, the flight tickets originally booked by the two were cancelled. In August of the same year, Mr. Wang and Mrs. Wang had to cancel the ticket again due to the need to deal with family affairs. The plan to return to the United States was forced to be postponed to early 2021, and at this time he had been out of the country for more than a year.
Mr. Wang originally planned to go to the Guangzhou Consulate to apply for an SB-1 visa, but after self-assessment, he felt that the risk was high, and they needed to return to the United States as soon as possible to deal with some affairs; later, he searched online and read about the success of Tsang & Associates After the case, I took the initiative to contact Zang Dikai United Law Firm and hoped that we could help them return to the United States safely as soon as possible. Knowing that the time of the two clients is very urgent: they will return to the United States within one month, we immediately started work, trying to complete all preparations before entering the country in the shortest possible time.
Keys to success:
-Emphasis on the nature of working for an American company & the temporary nature of living abroad: Since Mr. Wang and his wife have left the country many times in recent years and stayed in the United States for a short time, we must reasonably explain the reason for this departure. After many phone conversations, we decided to start with the nature of Mr. Wang’s work. As a corporate executive, Mr. Wang originally worked for an American company, and later went to work in an overseas office of an American company. Zang Dikai’s lawyer team decided to give full play to this advantage and cited the case law, emphasizing that Mr. Wang’s company is an American company and the nature of his work, which was used to explain the reasons for his stay abroad, and provided data such as salary slips as proof. At the same time, Zang Dikai’s letter also explained the admission notice from the elders in the family, and explained again the reason for the postponement of the two people’s trips.
-Emphasis on the close connection with the United States, taking the United States as home: In addition to the usual materials such as real estate, bank statements, and tax returns, we also provided the donation records of the couple, the insurance and retirement plans provided by Mr. Wang’s company, etc. In the lawyer’s letter, lawyer Zang repeatedly emphasized that although the two have been abroad for a long time, the focus of their work is actually to serve the American employer. The current multiple trips are also to better prepare for the long-term life in the United States in the future. We also indicate that during the entry process, lawyer Zang will wait online, ready to explain to the client and the customs at any time, and provide them with support.
– Finally, we arranged one-on-one pre-entry counseling. Attorney Chen of Zang Dikai’s legal team made a detailed immigration simulation communication for Mr. Wang and Mrs. Wang. Let the two fully understand the various problems, answering methods and practical suggestions that may be encountered during the current entry process, so as not to panic and know how to deal with them.
Case results:
The flight of Mr. Wang and Mrs. Wang arrived at San Francisco International Airport in early January and passed through the border smoothly. After customs clearance, the two clients breathed a sigh of relief and immediately shared the good news with Tsang & Associates. The two clients especially thanked the lawyers for their guidance and communication. After a round of questions and answers, the customs did not criticize them too much, and the mock interviews and materials prepared before were also useful. Mr. Wang and Mrs. Wang also asked us to submit the application for the re-entry permit immediately after entering the country.
Lawyer Comments:
Many green card holders are running out of green cards, thinking that it is no problem to come to the United States once or twice a year, but running out of cards for a long time, staying abroad for more than 6 months or even more than a year, will bring unexpected troubles , likely to lose their hard-earned green card. As a legal permanent resident of the United States, green card holders must pay attention to the length of time they spend overseas. If you need to go abroad frequently and stay overseas for a long time, a re-entry permit has become a must. In addition, you must also prepare data that maintains close ties with the United States, such as data on relatives in the United States, tax bills, banks, real estate, etc.; if necessary, ask a lawyer to provide you with customs escort. If you have questions about green card entry or how to retain your green card status, please feel free to contact us to arrange a case consultation and give professional advice after understanding your situation.
Figure http://www.uslawchina.cn/x_admin/Lssj/20213159242361683.jpg
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*To protect customer privacy, customer names are pseudonyms.
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