Per INA 101 (a)(3)
The term “alien” means any person not a citizen or national of the United States.
Per INA 101 (a)(15)
“The term “immigrant” means every alien except an alien who is within one of the following classes of nonimmigrant aliens—…”
Per INA 101 (a)(20)
“The term “lawfully admitted for permanent residence” means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed”Per INA (101)(a)(13)(C)“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), unless since such offense the alien has been granted relief under section 212(h) or 240A(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.Per INA 211 (a)“Except as provided in subsection (b) and subsection (c) no immigrant shall be admitted into the United States unless at the time of application for admission he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance of such visa of the accompanying parent, and (2) …”
INA 212 (a) Lists Classes of aliens that may not be issued visas or admitted into the United States.
Per INA 212 (a)(7)(A)
“(i) In general Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211 (a) or…
…is inadmissible.”Per 8 CFR § 211.1
“(a)General. Except as provided in paragraph (b)(1) of this section, each arriving alien applying for admission (or boarding the vessel or aircraft on which he or she arrives) into the United States for lawful permanent residence, or as a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States shall present one of the following:
(1) A valid, unexpired immigrant visa;
(2) A valid, unexpired Form I-551, Permanent Resident Card, if seeking readmission after a temporary absence of less than 1 year, or …;”
INA 101(a)(27)(A)
“An immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad.”
Per INA 211 (b)
“Notwithstanding the provisions of section 212 (a)(7)(A) of this Act in such cases or in such classes of cases and under such conditions as may be by regulations prescribed, returning resident immigrants, defined in section 101(a)(27)(A), who are otherwise admissible may be readmitted to the United States by the Attorney General in his discretion without being required to obtain a passport, immigrant visa, reentry permit or other documentation.
Where an applicant for admission to the United States has a colorable claim to returning resident status, the burden is on the Immigration and Naturalization Service to show by clear, unequivocal, and convincing evidence that the applicantshould be deprived of his or her lawful permanent resident status. – See Matter of Huang, 19 I&N Dec. 749 (BIA 1988)
For purposes of determining whether the applicant has abandoned her lawful permanent resident status, an applicant’s absence from the United States due to her husband’s having a contract to work and study at a Japanese university cannot be said to be a temporary visit abroad f1xed by some early event, where the record does not show a clear demarcation as to when her husband’s relationship with the university would end.- See Matter of Huang, 19 I&N Dec. 749 (BIA 1988)