Immigration and US Citizenship news

By Kieran C. O’ Sullivan

Immigration Counselor

Green card holders detained at Logan Airport

Among this months callers were a number of legal immigrants who were returning to the US following vacations in Ireland. They were given ‘deferred inspection’ by US Immigration and Customs Enforcement. Many green card holders who have had criminal convictions in the US are under the mistaken belief they will have no trouble reentering the US if they leave on business or travel. Many offenses today render noncitizens inadmissible -- even if lawful permanent residents.

Arrests caused detentions

Deferred inspection occurs when an applicant for admission is allowed into the US temporarily on parole, but must re-appear for inspection at Border and Customs Protection (Logan Airport) for a further inquiry in relation to grounds of inadmissibility. Frequently, the applicant for admission is asked to produce documentation at the time of the later inspection, such as court records of prior criminal appearances.

An immigrant who has been given deferred inspection is advised to call the Irish Pastoral Center for information on preparing for the inspection, and if deemed necessary we may refer you to one of our legal clinics for a free consultation from our pro bono attorneys.

Abandonment of Status

Sometimes a legal resident returning from a trip overseas of an extended duration may be granted deferred inspection upon entry if the interviewing officer wants to take a closer look at whether or not the immigrant has abandoned his/her green card status. An absence from the US in excess of six months, without prior permission from USCIS, may result in loss of legal status if the authorities determine that status was abandoned.

US Citizenship and absences

After you have resided in the US as a green card holder for five years, you may apply for citizenship. You may be eligible to apply after three years if legal residency was attained after marriage to a US citizen. You may submit your application up to ninety days ahead of the applicable three or five year period of residence.

At least the last three months of that five years' residence prior to submitting the citizenship application, you must be a resident in the State or Service district where the application is going to be filed.

The applicant does not have to stay in the US during every single day of the residence period. Short visits abroad may be made however the applicant must be sure that:

· he/she has not been absent for one year or more

· he/she is not out of the US for a total of more than 30 months during the last five years.

US Citizenship residency requirements can be complicated for those who have spent time outside of the US. Come to our clinic if you have any concerns about it.

Legal Clinic Update

Irish immigrants receive one to one assistance on a number of different matters including marriage based sponsorship, arrests, and family and immigrant rights matters at our monthly immigration clinics. Our next clinic will be on September 2^nd.