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來源: 2018-01-05 15:42:08 [博客] [舊帖] [給我悄悄話] 本文已被閱讀:
朋友16年8月綠卡IAD入境,因為超過180天,移民局沒收了綠卡,
-It seems your friend traveled to China too often in a relative short period of time, otherwise his green card should have not be taken away even if his stay in China for > 180 days < 1 year.


朋友沒有簽字,所以要求上庭。10月在Virginia上庭的時候說你是馬裏蘭居民,應回馬裏蘭出庭。 結果case轉到馬裏蘭,一下子拖到2018年1月出庭。前天終於等到出庭之日了,又被告知拖到2019年7月出庭。朋友這期間沒敢回去,連老父親去世也沒能回去。自2008年以來一直也在美國保稅(入境時錯誤說成這幾年沒有在美國工作)。現在國內母親也病重,不能再拖下去了。找的這個律師準備file一個motion for determination, 意思希望dismiss這個case, 但是覺得這個律師特不靠譜。
-In my personal opinion, this is the better choice in the current situation though it may take some time (maybe a few months to get the court open). I think he has a very good chance to win the case because his family are all in US (intent of living in US permanently), and his stay in China or visiting China often can be justified because his parents had serious illness, etc.


另外也有律師建議早該放棄綠卡,然後通過有綠卡的太太重新申請。不知道怎麽是好?請出出主意, 謝謝!
-This is also OK, but it will take 2 to 3 years to get the green card, and also he has to leave US to abandon the green card (i.e. do it outside US). Then, wait for a few years unless his wife gets the US citizenship.