Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Deportation Prevented, Client Able to Retain Social Security Benefits

Published: Aug 26, 2010 10:30 am

Our client is a citizen of Canada, People’s Republic of China and overseas citizen of the United Kingdom. Eight years ago she became a lawful permanent resident of the United States. Two years ago she decided to retire, and has been traveling the world, making Hong Kong her home base while living with her daughter. After a two year absence from the United States, she attempted to be admitted from Canada for a short visit. Immigration Court proceedings were instituted against her alleging that she had abandoned her lawful permanent resident status.

At this point we were retained. Because she had maintained assets in the United States and had filed her income taxes, we advised her that she would probably be successful if we contested the Immigration Court proceeding. However, her intentions were to live in Hong Kong with her daughter rather than continue her permanent resident status. In addition, she is receiving Social Security Old Age Benefits from the Social Security Administration. As a result, we negotiated with Chief Counsel’s Office for her to withdraw her application for admission with the concession of abandonment of her lawful permanent resident status.

We presented the case to the Immigration Judge who approved the withdrawal. Because no Immigration Court order removing her from the United States was issued, she retains her Social Security benefits and is able to apply for nonimmigrant admission to the United States in the future as a Canadian citizen.

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