Legal Question in Immigration Law in California

After 16 years of waiting, my brother finally received his green card. He has since been trying to find a job here in US to move his family from Canada. In one of his crossing from the border returning to Canada from a business trip, he was told by custom agent that he has till April to move otherwise his green card will be taken away.

INS does not appear to have issue with him entering and leaving while trying to find a job. What are we to do? Would it be responsible for him to move anyway and join the ranking of unemployed here?

What are his options?

Thanks for your advise,

SD


Asked on 3/01/10, 10:29 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

These are different things: 1) having no job in the USA, and 2) having failed to establish a permanent residence in the USA as required by law from any permanent resident.

The CBP officer had suggested that it appears that your brother only visits the USA and had failed to establush residence in USA, which can eventually lead to him losing his green card due to abandonment.

How long have he been trying to find a job in USA in order to bring his family to USA? How long have it been since he got his green card?

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 3/06/10, 3:14 pm


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