Lawfully Admitted for Permanent Residence Law and Legal Definition

Lawfully admitted for permanent residence is defined as "the status of having been accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed." Salama v. Holder, 2009 U.S. App. LEXIS 23287 (4th Cir. Oct. 22, 2009)

The term “Lawfully admitted for permanent residence” as it appears in 8 USCS § 1101: An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien—

  • (i) has abandoned or relinquished that status,
  • (ii) has been absent from the United States for a continuous period in excess of 180 days,
  • (iii) has engaged in illegal activity after having departed the United States,
  • (iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this Act and extradition proceedings,
  • (v) has committed an offense identified in section 212(a)(2) [8 USCS § 1182(a)(2)], unless since such offense the alien has been granted relief under section 212(h) or 240A(a) [8 USCS § 1182(h) or 1229b(a)], or
  • (vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.