Published on Lawyers.com and the Epoch Times on December 23, 2016
Q & A.
Do You Suggest to Get a Reentry Permit If Traveling Abroad For 6 to 12 Months?
Never have been abroad for more than 3 months since becoming a legal permanent resident. Plan to go abroad to take care of a hospitalized parent for more than 6 months but less than one year. Do you suggest having a Reentry Permit and why?
Mr. Lee answers:
If this will be a onetime occurrence and you will surely return within a year, a reentry permit may not be necessary. On the other hand, if this is likely to be a recurring situation or you have doubts that you will be able to return within one year, it may be safer for you to apply for a reentry permit.
Green Card
I am working as Project Manager in USA as a contractor for more than a year. I have valid L-2 EAD. Total IT experience 14+ yrs out of those 7+ yrs as Project Manager in India. Can my current employer file for my green card in EB-1C category?
Mr. Lee answers:
EB-1C requires that you have worked for an affiliated or subsidiary or headquarters of the US company that you are working for at present for at least one of the past three years before you came to the US in an executive or managerial capacity. Assuming that you have those qualifications and the company is not a very small company, your current employer could likely file for you successfully under the EB-1C category.
Will I Have a Problem Re-entering the USA?
I'm a UK Citizen, last time I was in the US (Texas) I got sentenced to 24 hours in county jail for public intoxication. I was not deported for this offence. Now the family wants to travel to Florida to visit Disneyworld. Will this prior run in with the law cause issues with my re-entry to the country?
Mr. Lee answers:
I assume that you will be returning to the country under the visa waiver program. If you already have permission and do not have to apply again for ESTA, you would likely not have issues with your reentry. If you require permission again, however, you might not be allowed back into the US under the visa waiver program. Under such situation, you might have to apply for a visitor’s visa to the US at a US consulate or embassy and explain the situation of your arrest. The consular officer would then make a decision as to whether to grant the visa. Customs and Border Protection personnel would generally respect a consular decision.
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