Implications on LPR's for taking brief trips abroad

Courtesy: www.canadianimmigration.co

The Legal Action Center has posted a Practice Advisory describing the recent Supreme Court's decision in Vartelas v. Holder, holding that the Fleuti doctrine** still applies to lawful permanent residents (LPRs) with pre-IIRIRA convictions. This means that LPRs with convictions before April 1, 1997 who travel abroad do not, upon their return, face inadmissibility if their trip was brief, casual and innocent. The advisory offers strategies for LPRs who are affected by the decision and discusses some of the decision's other potential favorable impacts. CLICK HERE to read the complete article on Legal Action Center's website at

**The Fleuti Doctrine, first enunciated by the Supreme Court in Rosenberg v. Fleuti, 374 U.S. 449
(1963), permitted the admission or entry into the United States of a returning lawful permanent
resident if the departure from the United States was “brief, casual and innocent.” This was the law
until 1996, when Congress amended the terms “admission” and “admitted.” The issue in this case
was whether the Fleuti Doctrine of a “brief, casual, and innocent” departure from the United States
survived the enactment of section 301(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, Division C of Pub. L. No. 104-208, 110 Stat. 3009-546, 3009-575
(“IIRIRA”).