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CA3 Says Rescission Bar Does Not Apply to LPR Status Obtained Through Consulate

The court held that the five-year statute of limitations on rescission of LPR status under INA §246(a) does not apply where Petitioner obtained status through consular processing, not adjustment of status.

BIA on 5-Year Statute of Limitations for Rescission of LPR Status

The BIA held that the 5-year statute of limitations in §246(a) does not bar removal of an alien admitted on an immigrant visa because that section relates only to rescission of LPR status acquired through adjustment.

Difference between LPR and Conditional LPR

To deter the confusion generated from the differences in Resident Visa application the U.S. Army issued an instruction sheet to be provided to green card holders, Lawful Permanent Resident (LPR) or Conditional Lawful Permanent Resident (CPR), enlistees when they contract.

Lawful permanent resident

Lawful permanent resident petitioning spouse

Extension of green card

LPR to prepare for citizenship