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文章數：147 |
 打破馬英九綠卡失效的謊言的法學文獻 |
| 時事評論｜政治 2008/03/21 11:20:41 |
193 A.L.R. Fed. 673 (Originally published in 2004) 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。)
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