(a) Requirements for returning resident status. An alien shall be classifiable as a special immigrant under INA 101(a)(27)(A) if the consular officer is satisfied from the evidence presented that:
(1) The alien had the status of an alien lawfully admitted for permanent residence at the time of departure from the United States;
(2) The alien departed from the United States with the intention of returning and has not abandoned this intention; and
(3) The alien is returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond the alien's control and for which the alien was not responsible.
(b) Documentation needed. Unless the consular officer has reason to question the legality of the alien's previous admission for permanent residence or the alien's eligibility to receive an immigrant visa, only those records and documents required under INA 222(b) which relate to the period of residence in the United States and the period of the temporary visit abroad shall be required. If any required record or document is unobtainable, the provisions of § 42.65(d) shall apply.
(c) Returning resident alien originally admitted under the Act of December 28, 1945. An alien admitted into the United States under Section 1 of the Act of December 28, 1945 (“GI Brides Act”) shall not be refused an immigrant visa after a temporary absence abroad solely because of a mental or physical defect or defects that existed at the time of the original admission.
[56 FR 49676, Oct. 1, 1991, as amended at 63 FR 48578, Sept. 11, 1998]
Notes of Decisions
Humaira Lateef v. Eric Holder, Jr., 683 F.3d 275 (6th Cir. 2012).
· cites it 6× “§ 1101 (a)(13)(C)(i) & (ii); 22 C.F.R. § 42.22 (a). If the LPR’s trip abroad is protracted, she is still admissible to the U.”
Karimi-Janaki v. Holder, 579 F.3d 710 (6th Cir. 2009).
· cites it 2× “§ 1101 (a)(27)(A); 22 C.F.R. § 42.22 (a); 8 U.S.C. § 1181 (b).”
Taveras ex rel. L.A.H. v. Morales, 22 F. Supp. 3d 219 (S.D.N.Y. 2014).
“§ 1101 (a)(27)(A) and 22 C.F.R. § 42.22 (a)).) This argument is unpersuasive because it ignores the parties’ testimony about their intentions surrounding LAH’s travel to the United States.”
Roshandel v. Chertoff, 554 F. Supp. 2d 1194 (W.D. Wash. 2008).
“See 22 C.F.R. § 42.22 . The Court rejects the Government’s argument that the difficulties Plaintiffs experience in traveling is immaterial — taking off one’s shoes pales in comparison to not being able to return to one’s home.”
Zalmai Sayyad Ameeriar & Ayesha Zalmai Ameeriar v. Immigr. & Naturalization Serv., 438 F.2d 1028 (3rd Cir. 1971).
· cites it 2× “In order to prevent abuse by mala fide nonimmigrants, existing visa regulations require that the name of such an alien be taken off the quota waiting list if he willfully violates his nonimmigrant status while in the United States (22 CFR 42.22(a)- (2)). For example, an alien’s…”
Guillory v. Lynch, 630 F. App'x 556 (6th Cir. 2015).
“§ 1101 (a)(27)(A); 22 C.F.R. § 42.22 (a); 8 U.S.C. § 1181 (b)).”
Doe v. Pompeo (D.D.C. 2020).
· cites it 4× “§ 1101 (a)(27)(A); see 22 C.F.R. § 42.22 (a); 9 FAM § 502.7-2. If a visit abroad was temporary, the Green Card holder does not lose her permanent resident status under 8 U.”
Przywieczersk v. Blinken (D.N.J. 2021).
“” 22 C.F.R. § 42.22 (a). Determining an alien’s intent and whether the visit was temporary is a fact-based inquiry.”
Przywieczersk v. Blinken (D.N.J. 2021).
“” 22 C.F.R. § 42.22 (a). Determining an alien’s intent and whether the visit was temporary is a fact-based inquiry.”
Hana v. Gonzales (6th Cir. 2005).
“§ 1101 (a)(27)(A); see also 22 C.F.R. § 42.22 (a) (defining “returning resident” aliens under 8 U.”
— 22 C.F.R. § 42.22(a) — 1 case
— 22 C.F.R. § 42.22(a)(2) — 1 case
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