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After The Immigration Petition Is Approved, Do I Have To Attend An Interview?


Because of a recent USCIS policy change, an interview will be scheduled for the individual five to eight months after their application for a green card has been filed. Previously, employment-based green cards did not require individuals to have an interview, and petitions could be approved without one. This policy was changed at the end of August 2017, for all individuals who have applied for an employment-based green card.

Is There A Certain Length Of Time That A Lawful Permanent Resident Must Remain With The Same Employer?

USCIS does not normally enforce the length of time that a Lawful Permanent Resident stays with their same employer. However, it is generally expected that the green card holder will continue to work for the same employer for at least six months after receiving their green card.

How Long Must A Lawful Permanent Resident Stay In The US?

Requirements for the length of time that individuals must stay in the US apply to all green card holders, not just those with employment-based green cards. Once an individual has been approved for a green card and permanent residency, they are expected to live in the US. If it is necessary for individuals to spend significant time abroad after they receive their green cards, due to a health or other type of emergency, they must file for a re-entry permit. This permit allows them to live outside of the US for up to two years, and can be extended in one-year increments. Leaving the US for less than six months should not cause border agents to question an individual’s trip.

Leaving the US for six months to a year can subject a green card holder to entry. This means that immigration agents at any crossing, including airports and land crossings, may question the individual about why they were not residing in the US during that time. If a green card holder is absent from the US for over a year, they can lose their permanent resident status, if they did not file and get approved for a re-entry permit. The re-entry permit looks similar to a passport, and is valid for two years. This means that a green card holder can be absent from the US, without losing their permanent resident status, for up to two years. However, being absent from the US for over a year will disrupt their continuity for citizenship.

At Any Point Can A Lawful Permanent Resident Lose His Or Her Citizenship?

Depending on the permanent resident’s home country, they may lose their citizenship from the country there are originally from. Although a permanent resident is not a US citizen, they are able to apply for US citizenship after residing in the US continuously for a certain number of years. Depending on the circumstances of their case, this may be five years or less. Employment-based green card holders can apply for citizenship after five years. Once a permanent resident becomes a citizen, it is possible for their citizenship to be withdrawn. One of the many benefits that citizens have over permanent residents is that they are not deportable. An individual can lose their citizenship, in rare and serious cases. One example of this is USCIS would have to be able to prove that the individual committed fraud in the application process. Citizenship can also be lost through a mistake made by USCIS, but this is also extremely rare. An individual who was born a US citizen cannot lose their citizenship, unless they choose to.

For more information on Interview After Petition Approval, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

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