9 FAM 42.22 N10 VISITOR VISA ISSUANCE NOT RELINQUISHMENT OF RESIDENT STATUS (TL:VISA-144; 06-28-1996)
a. An alien is not ineligible for classification as a returning resident alien solely because the alien was previously issued a visitor visa during a stay abroad as a matter of convenience when time did not permit the alien to obtain a returning resident visa. [See also 9 FAM 41.31 N12.]
b. For example, a permanent resident alien is temporarily assigned abroad but employed by a U.S. corporation. The alien has been outside the United States for more than one year and thus may not return to the United States using the Form I-551, Permanent Resident Card. The alien has never relinquished permanent residence in the United States; has continued to pay U.S. income taxes; and perhaps even maintains a home in the United States. The fact that the alien was issued a nonimmigrant visa for the purpose of making an urgent business trip would not reflect negatively on the retention of resident status.
c. The consular officer shall not require a visa applicant to relinquish the Form I-551, as a condition to immigrant or nonimmigrant visa issuance.
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 42.22 N10 VISITOR VISA ISSUANCE NOT RELINQUISHMENT OF RESIDENT STATUS (TL:VISA-144; 06-28-1996)
a. An alien is not ineligible for classification as a returning resident alien solely because the alien was previously issued a visitor visa during a stay abroad as a matter of convenience when time did not permit the alien to obtain a returning resident visa. [See also 9 FAM 41.31 N12.]
b. For example, a permanent resident alien is temporarily assigned abroad but employed by a U.S. corporation. The alien has been outside the United States for more than one year and thus may not return to the United States using the Form I-551, Permanent Resident Card. The alien has never relinquished permanent residence in the United States; has continued to pay U.S. income taxes; and perhaps even maintains a home in the United States. The fact that the alien was issued a nonimmigrant visa for the purpose of making an urgent business trip would not reflect negatively on the retention of resident status.
c. The consular officer shall not require a visa applicant to relinquish the Form I-551, as a condition to immigrant or nonimmigrant visa issuance.
9 FAM 42.22 N4.1 Loss by Renunciation (TL:VISA-284; 05-17-2001)
a. The Immigration and Naturalization Service reserves the right to determine loss or retention of legal resident status. Consular officers are not authorized to make such determinations. However, in a case in which the applicant has abandoned residence and voluntarily surrenders the Form I-551, Permanent Resident Card, consular officers should request that the applicant complete the Form I-407, Abandonment of Lawful Permanent Resident Status, and accept the alien's permanent resident card and return the card to INS. The consular officer shall not require a visa applicant to relinquish the Form I-551, as a condition to issuance of either an immigrant or nonimmigrant visa.
b. Consular officers should keep in mind it is not the statement renouncing residence, but the absence of a fixed intent to return, that results in the loss of LPR status.
美國移民既歸化法(Immigration and Naturalization Act)第二百一十四條(b)項規定原文入如下:”Every alien . . . shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15).” 正確的漢文翻譯應為:「每一個外國人都應該被推定為(有移民意圖的)移民,直到(除非)他在申請簽證的時候對領事管官員或在申請入境時對移民官員,能提出合理的證明,證明有權依據第一百零一條第(a)(15)項取得非移民資格。」
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