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Indian Lawsuit's Impact On Green Card

Discussion in 'Keeping your green card' started by immigrant :), Dec 21, 2015.

  1. immigrant :)

    immigrant :) New Member

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    My deadbeat Dad is suing me for parental support (yea, its true) in India. As per his note, they're sending summons to the Indian consulate & USCIS. What role does USCIS play in all this & would this law suit affect my status as a US permanent resident?
     
  2. DonDraper

    DonDraper Guru

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    Lol
     
  3. Kevin Kurian

    Kevin Kurian Attorney at Law

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    Hypothetically, if a lawful permanent resident (greencard holder) suffers a foreign civil judgment, this foreign civil judgment cannot be used as the basis for a rescission proceeding (a proceeding to rescind the approval of the I-485 application). Per the Adjudicator's Field Manual ("AFM"), rescission proceedings "serve only the goal of eliminating an improperly granted benefit." A green card holder can be placed into rescission proceedings at any time during the first five years after the granting of lawful permanent residence if:

    (1) USCIS determines that the foreign national was not eligible for adjustment of status at the time that permanent residence was granted; and
    (2) The foreign national would have not been eligible for adjustment under any other provision of law.

    See AFM ch.26.1.

    For naturalization purposes, this hypothetical fact pattern would turn on whether a civil judgment was entered in the foreign jurisdiction and whether a criminal conviction ensued within that foreign jursidiction based on the defendant's failure to satisfy all or part of the foreign civil judgment.

    Per the USCIS Policy Manual, please see below:

    USCIS considers a foreign conviction to be a “conviction” in the immigration context if the conviction was the result of an offense deemed to be criminal by United States standards. [16] See Matter of Squires, 17 I&N Dec. 561 (BIA 1980). See Matter of McNaughton, 16 I&N Dec. 569 (BIA 1978). In addition, federal United States standards on sentencing govern the determination of whether the offense is a felony or a misdemeanor regardless of the punishment imposed by the foreign jurisdiction. [17] See Lennon v. INS, 527 F.2d 187 (2nd Cir. 1975). The officer may consult with local USCIS counsel in cases involving foreign convictions.

    See USCIS Policy Manual vol. 12 ch. 2.
     
  4. Senram

    Senram Member

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    Why do you want to leave your old parents in Limbo. It is your duty both moral and ethical standards to take care your parents financially and physical support (Even there is big issue with them). It will not cost that much when you earn here. Even if you have grudge with them you have to support them as a Son within your capacity. If you do not do it I am 100% sure it will haunt you in many ways in future(I think it started already)
     
    DonDraper, s_gan, Sunyaang and 3 others like this.
  5. no_one_cares

    no_one_cares Guru

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    What kind of relationship you have? Who won't support old parents?
     
  6. Sunyaang

    Sunyaang Guru

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  7. immigrant :)

    immigrant :) New Member

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    Thanks for all the unsolicited moral lessons without any knowledge of the facts. Appreciate it & keep it up. Coming to the topic on hand, lawsuits in India do nothing.
     

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