scfpigs@yahoo.com wrote:
> Anybody else who's an authority on US immigrations or whatnot agree
> with this person ?
> I find it very incredible for a lawyer to be so misinformed about the
> basics of US immigration concepts.
>
> Here's his latest complete e-mail:
>
> "Dear Sir;
>
> In order to avoid boring PLIP members, I am sending you
> this communication directly.
>
> You insist that a Conditional Permanent Resident is a
> Legal Permanent Resident. I challenge you to prove it. Did you mean
> lawful permanent resident status? That is the language of the statute
> but not of your statement. As you know very well that a conditional
> resident in no way has lawful permanent resident status as defined
> in 8 USC 1101(a)(20), by virtue of the fact that there is a
> condition, your insulting remark about my abilities is uncalled for.
> How permanent is permanent residence that expires in two years unless
> the alien affirmatively succeeds in removing the condition? I hope
> you are not charging anyone for your advice; in Florida at least this
> would be a crime. DAVID IVERSON ESQ."
I am not a lawyer, but it seems pretty obvious to me from reading the
Code that he's wrong. For example, 8 USC 1186a(a)(1) "Conditional basis
for status" says:
"Notwithstanding any other provision of this chapter, an alien spouse
(as defined in subsection (g)(1) of this section) and an alien son or
daughter (as defined in subsection (g)(2) of this section) shall be
considered, at the time of obtaining the status of an alien lawfully
admitted for permanent residence, to have obtained such status on a
conditional basis subject to the provisions of this section."
This clearly says to me that an alien can only be a Conditional
Permanent Resident if they have actually obtained "the status of an
alien lawfully admitted for permanent residence" - which is the
definition of a Lawful Permanent Resident according to 8 USC 1101(a)(20).
The argument that "it's not permanent because there's a condition" is
nonsense, since that would mean it's never permanent. There are
circumstances under which LPR status can be withdrawn no matter how long
the alien has held the status - the "condition" is just an example of
such a circumstance which only applies to some LPRs. |