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March 21,2008

打破馬英九綠卡失效的謊言的法學文獻

193 A.L.R. Fed. 673 (Originally published in 2004)

American Law Reports
ALR Federal
The ALR databases are made current by the weekly addition of relevant new cases.


Abandonment of Lawful Permanent–Resident Status


Deborah F. Buckman, J.D.

...

§ 2[a] Background, summary, and comment—Generally

An alien with permanent-resident status, also sometimes referred to as an "LPR" or "green card holder," has been "lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws."[FN1] This status may only be removed if an alien is determined to have committed a deportable offense[FN2] or an offense making him inadmissible under the Immigration and Nationality Act,[FN3] or if the alien "abandons" his residence in the United States.

An alien is, of course, not precluded from leaving the United States for short visits abroad. The Immigration and Nationality Act (INA) provides that a resident alien who returns from being abroad may be readmitted for entry into the United States, at the Attorney General's discretion, without needing a passport, visa, reentry permit, or other special documentation, as would otherwise be required.[FN4] (筆者註：馬英九的綠卡有沒有效要看美國政府的裁量。)

To qualify as a returning resident alien, an individual must have previously acquired lawful permanent-resident status, retained that status from the time it was acquired, and be returning to an unrelinquished lawful permanent residence after a "temporary visit abroad."[FN5]

If an alien has been abroad for a lengthy period of time, however, his commitment to permanently residing in the United States is called into question. Abandonment of permanent resident status is generally found when there has been a lengthy absence from the United States. Whether an alien has abandoned his status is a matter of subjective intention proven by objective facts, the ultimate issue being whether there is a continuing intent to return. Whether there was an intention to maintain permanent-resident status is not the issue, but rather whether there was a continuous, uninterrupted intention to return to the United States. (筆者註：馬英九主觀認為不是重點，還是要由法院判決他有沒有返回美國的意圖。)

....


Posted by babyface0 at 樂多Roodo! │11:02 │回應(3) │引用(0) │Legal Education
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謊話一堆難怪邪黨民進黨會被人民唾棄
Posted by 藏獨大屠殺漢人就像二二八台獨禽獸殘暴大屠殺外省人一樣 at April 8,2008 10:18

I admire your effort to find all these information, but let's face it, whoever that has least bit of rational mind already knew that Mr. Ma has been lying... We had already given enough evidences so far, but some people just do not have the ability to learn... Mr. Ma blatantly lied to Taiwanese and those lies were shown to Taiwanese people, but what happened? He still got over 7 millions votes... Unlike Chinese people, they don't even have the chance to acquire those information, Taiwanese people have the opportunity to know the truth and judge for themselves, but they were still willing to choose a liar.
Posted by Joe at June 26,2008 22:39

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如果方便的話，能否請您到以下網址幫我們填個小問卷呢~
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Posted by elois at October 22,2009 20:24
  


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