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

L-1A Function Manager Petition Approved, Abandonment of Permanent Residence Handled at Border

Published: May 6, 2013

Our client is a Canadian citizen who is employed as the Senior Lead Hand of a Canadian company that fabricates specialty architectural features. He has more than 21 years of experience in manufacturing and welding, first as a welder, and then as a supervisor. His job duties require him to manage the welding and fitting operations at the company’s production facility.

The company wished to transfer our client to its United States affiliate to manage the welding and fitting operations at the U.S. company’s expanding production facility. As a result of his employment on behalf of the Canadian company, and his proposed employment in the United States, we determined our client qualified for L-1A status as a function manager because no professional employees were supervised by him.

We advised the company what documentation would be required to have an L-1A petition approved on our client’s behalf. We prepared a compelling package for submission at the border under NAFTA. We prepared our client for his inspection so that he would know what types of question could be asked of him to be able to respond appropriately. We appeared with him in the event that any issues arose.

His L-1A status was approved without difficulty. During out initial conference, we also learned that our client was previously a lawful permanent resident of the United States. He lived in the U.S. for a few years before moving to Canada on a full-time basis to live with his wife and child. After departing the U.S., our client never relinquished his Resident Alien Card. However, because he has not lived in the U.S. for approximately 19 years, and had no real contact with the U.S., he had abandoned his lawful permanent resident status as a matter of law.

Because he was still listed as a lawful permanent resident, a formal abandonment of the status had to be made in order for U.S. Customs and Border Protection to approve his Intracompany Transferee (L-1A) status. Prior to presenting our client for inspection under NAFTA, we informed the Chief Inspector at the port of entry that our client wished to relinquish his Resident Alien Card, as well as his permanent resident status, to the Department of Homeland Security, and advised of the particulars which justified the same.

During our client’s inspection at the border, he executed appropriate legal documents ending his lawful permanent resident status. Had this not be done, and had his status been discovered while attempting to enter the United States, he would have been severely inconvenienced and possibly Immigration Court proceedings would have been instituted against him. At the same time as our client, our client’s Canadian citizen wife and children were approved for L-2 derivative status.

We are now in the processing of applying for employment authorization for our client’s wife, and have advised our client and his wife concerning obtaining U.S. Social Security cards, driver’s licenses, and making a Customs Declaration filing when they bring their automobile into the United States.

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