What should I do if my green card expires in China?

! (:6060/2008/02/02/142-2226554.htm) and "When will the green card exemption take effect?" (:6060/2008/02/02/142-2226554.htm), has quoted the provisions of the immigration law, and the official explanations of the US Federal Court of Appeals and the Immigration Bureau have clearly explained the legal level. However, some netizens keep claiming that the key point is "If the legal procedures are not completed, how can the green card automatically expire?" ? The author will reply again.

The so-called "statutory" of course means "the law has provisions". Since this netizen claims to have a "legal" process, which law stipulates the process? Which rule stipulates that "the green card will not expire until a certain process is completed"? Can it be called a "legal" process without legal provisions? (As I mentioned earlier, going to AIT to fill out the I-407 form is not a process stipulated by the immigration law. )

Whether the green card is valid and when it expires is a legal debate, not a story contest. None of the judges' judgments were based on "someone in China City violated the rules and later became an American citizen", and none of the lawyers' defense books listed "many people smuggled in different ways every year" as the defense reason. Whether it is invalid depends on the legal basis, that is, laws, provisions and precedents. Without these grounds, it is useless to tell more stories.

Legally, does the green card automatically expire? Of course there is. This can be seen from two aspects:

First of all, Article 2 1 1(a) of the Immigration Law stipulates: "A person with permanent residency shall not enter the country unless he holds a valid immigration visa and passport. A green card (I-55 1) can be used as a valid visa for legal entry within one year after leaving the United States (8 C.F.R.211...1(a) (2)). However, if you leave the country for more than one year, I-55 1 is not a valid entry immigrant visa and cannot be used for entry. This is what most people know as "the green card will expire automatically without one year".

Second: Green card holders, if they give up their green cards or their immigration status changes, their permanent residence status (such as non-immigrant visa entry) will be terminated at the same time. If they cannot be restored or extended, their green cards will automatically become invalid. This is based on immigration law. 10 1, the case of the Ninth Federal Court of Appeal (Chá vez Ramí rez v. INS 1986) and the official interpretation of the US Immigration Service (USCIS Interpretation 3 18.4). The waiver and invalidation of this green card is not limited to whether you have left the United States for one year, to any process, or to whether the parties have filled out any forms or statements.

In addition, according to Article 2 1 1(a) of the Immigration Law (as mentioned above), if you are not sure that your green card status has expired and give up, the US government cannot allow you to enter the country with a non-immigrant (sightseeing/business) visa, which is the legal responsibility of the US immigration officer. If you use a non-immigrant visa to enter the country, your status has been changed to "non-immigrant" legally or in the files of the US government. Article 10 1(20) of the Immigration Law also clearly stipulates that the identity of a green card holder will be destroyed once it is changed, and it cannot be interrupted or continued. Therefore, Ma Ying-Nine's green card status has been confirmed to be cancelled. Even if Ma Ying wants to stay in the United States permanently in the future, he must reapply for a green card, but he can't "restore" his original green card status. The entry record of non-immigrant (sightseeing/business) visa is the official proof of the termination of the green card.

Green card and non-immigrant status are mutually exclusive, which is clearly stipulated in American immigration law: according to article 10 1(27)(A) of the immigration law, green card represents an "immigrant". According to article 10 1( 15) of the Immigration Law:

"Immigrants refer to" all "foreigners, unless they belong to the following" non-immigrants "…"

The word "unless" means "either A or B", and there is no gray area in the middle. Without the laws of any country, there will be a logical disorder of "immigrants = no immigrants". This kind of thinking of distinguishing right from wrong, or "once had = once had", will only appear in political thugs who will do whatever it takes to achieve their goals.

Using a multi-national passport, of course, will become two different people in the archives of the US government, but only if Ma Ying-9 holds a multi-national passport and obtained a green card with a foreign passport 30 years ago. Since Ma Ying IX issued a Taiwan Province passport, if he obtained a green card with a Taiwan Province passport and then entered the country on a non-immigrant visa, the green card has been confirmed to be abandoned. Do you have a multinational passport? You can't talk nonsense without evidence.

Similarly, it depends on whether there is a legal basis. Whether the green card is still valid and when it expires is actually a very simple immigration law issue. Regrettably, up to today, I haven't heard anyone claim that Ma Ying-IX's green card status is still valid, and put forward any American laws or precedents to support his argument. Democratic Progressive Party, whom you have known for eight years, is back.