Lawful permanent resident

“ They extend to all strangers therein, not only to those who are naturalized and to those who are domiciled therein, having taken up their abode with the intention of permanent residence, but also to those whose residence is transitory. ”

“ By "residence," in the constitution, is to be understood, not an absolute inhabitancy within the United States during the whole period; but such an inhabitancy, as includes a permanent domicile in the United States. No one has supposed, that a temporary absence abroad on public business, and especially on an embassy to a foreign nation, would interrupt the residence of a citizen, so as to disqualify him for office. ”

“ It is difficult to lay down any rule under which every instance of residence could be brought, which may make a domicil of choice. But there must be to constitute it actual residence in the place, with the intention that it is to be a principal and permanent residence. That intention may be inferred from the circumstances or condition in which a person may be as to the domicil of his origin, or from the seat of his fortune, his family and pursuits of life. ”

“ An alien friend who is domiciled, that is to say, who is a permanent resident, can be compelled to serve, for otherwise he would receive the benefits of the government without sharing the burdens. An alien’s declaration of intention to become a citizen, though it does not make him a citizen, is conclusive evidence that he is properly to be considered a permanent resident. ”

“ BACKGROUND CHECKS.—The Secretary may not remove the conditional basis of an alien’s permanent resident status until the requirements of section 302 are satisfied. (b) Treatment For Purposes Of Naturalization.— (1) IN GENERAL.—For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) , an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. ”

“ That every foreigner who can prove satisfactorily that he has been resident in the country for five years, and that he desires to make it his permanent place of residence, that he is prepared to take the oath to obey the laws, to undertake all the obligations of citizenship, and to defend the independence of the country, should be allowed to become a citizen on taking that oath. This should be confined to persons possessing a certain amount of property, or a certain amount of yearly wages, and who have good characters. ”

“ From very early in our history, requirements have been imposed upon nonresidents in many, perhaps in all, of the states as a condition of resorting to their courts, which have not been imposed upon resident citizens. For instance, security for costs has very generally been required of a nonresident, but not of a resident citizen, and a nonresident's property in many states may be attached under conditions which would not justify the attaching of a resident citizen's property. ”

“ We must move faster to ensure that permanent urban residents without urban residency are issued residence cards, thus enabling them to enjoy, as provided for by law, the right to access compulsory education, employment, medical care, and other basic public services. ”

“ Every State owes protection to its own citizens; and, when non-residents deal with them, it is a legitimate and just exercise of authority to hold and appropriate any property owned by such non-residents to satisfy the claims of its citizens. It is in virtue of the State's jurisdiction over the property of the non-resident situated within its limits that its tribunals can inquire into that non-resident's obligations to its own citizens, and the inquiry can then be carried only to the extent necessary to control the disposition of the property. ”

“ We have long held that a resident alien is a 'person' within the meaning of the Fifth and the Fourteenth Amendments. He therefore may not be deprived either by the National Government or by any state of life, liberty, or property without due process of law. ”

“ The residence requirement and the one-year waiting-period requirement are distinct and independent prerequisites for assistance under these three statutes, and the facts relevant to the determination of each are directly examined by the welfare authorities. [16] Before granting an application, the welfare authorities investigate the applicant's employment, housing, and family situation and in the course of the inquiry necessarily lern the facts upon which to determine whether the applicant is a resident. ”

“ They must pay a penalty, and abide by all of our laws going forward. They must earn the right to stay over a 6-year period, and then they must wait another 5 years as legal permanent residents before they become citizens. ”

“ This enlightened concept of what constitutes a meaningful interruption of the continuous residence which must support a petition for naturalization, reflecting as it does a congressional judgment that an alien's status is not necessarily to be endangered by his absence from the country, strengthens the foundation underlying a belief that the exceptions to § 101 (a) (13) should be read to protect resident aliens who are only briefly absent from the country. ”

“ Nonimmigrant status for permanent partners awaiting the availability of an immigrant visa.
Sec. 12. Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters.
Sec. 13. Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children. ”

“ But he was not lawfully admitted for permanent residence in 1923, and his stay here cannot be converted into such lawful residence by the mere fact that the then applicable statute limited the time within which deportation proceedings could be had. United States ex rel. Georgas v. Day (C.C.A.) 43 F. (2d) 917. ”

“ In reaching tha conclusion, I do not minimize the importance of the right to travel interstate. However, the impact of residence conditions upon that right is indirect and apparently quite insubstantial. On the other hand, the governmental purposes served by the requirements are legitimate and real, and the residence requirements are clearly suited to their accomplishment. To abolish residence requirements might well discourage highly worthwhile experimentation in the welfare field. ”

“ This is illustrated by the acts of coterminous slave states. Maryland and Virginia were obliged to pass laws to prevent freedom free resulting from a temporary residence.
What is the difference between temporary and permanent residence? Animus morandi and animus revertendi.
The only true distinction is between domicile, on the one hand, and mere residence, whether for a short or for a long time, on the other. Various words have been applied to express the idea, such as sojourning, commorancy, residence, &c. Many persons pass their whole lives in a strange land. ”

“ But it has long been settled that residence and citizenship were wholly different things within the meaning of the Constitution and the laws defining and regulating the jurisdiction of the circuit courts of the United States; and that a mere averment of residence in a particular state is not an averment of citizenship in that state for the purposes of jurisdiction. ”

“ And most particularly do we ask attention to the decisive fact that in this statute of 1829 there is no saving clause. The bar is general and universal. The non-resident is bound equally with the resident, the infant with the adult, and we therefore need not stop to discuss the particular circumstances of each complaint.
That where the Legislature have made no exceptions, the courts can make none. ”

“ To prevent any misapplication of the views expressed in this opinion, it is proper to observe that we do not mean to assert, by any thing we have said, that a State may not authorize proceedings to determine the status of one of its citizens towards a non-resident, which would be binding within the State, though made without service of process or personal notice to the non-resident. ”

“ To what extent does a one-year residence condition upon welfare eligibility interfere with this right to travel?; and (2) What are the governmental interests supporting such a condition? The consequence of the residence requirements is that persons who contemplate interstate changes of residence, and who believe that they otherwise would qualify for welfare payments, must take into account the fact that such assistance will not be available for a year after arrival. ”

“ The rights which spring from domicile in the United States, especially when coupled with a declaration of intention to become a citizen, are worthy of definition by statute. The stranger coming hither with intent to remain, establishing his residence in our midst, contributing to the general welfare, and by his voluntary act declaring his purpose to assume the responsibilities of citizenship, thereby gains an inchoate status which legislation may properly define. ”

“ Rep. 566, we had occasion to consider when a person might be properly held to be a resident of the state of New York, and entitled to bring an action which would have otherwise been barred by the laws of the defendant's residence; and this involved an examination of the decisions in that state in the construction of the words 'resident' and 'residence,' as contained in its statutes. ”

“ Universal practice has also established another exception to which the Court gave approval by a dictum in Blake v. McClung: [167] "A State may, by rule uniform in its operation as to citizens of the several States, require residence within its limits for a given time before a citizen of another State who becomes a resident thereof shall exercise the right of suffrage or become eligible to office." ”

“ By definition, the imposition of a durational residence requirement operates to penalize those persons, and only those persons, who have exercised their constitutional right of interstate migration. Of course, governmental action that has the incidental effect of burdening the exercise of a constitutional right is not, ipso facto, unconstitutional. ”

“ For even a day's sojourn the alien must obtain a pass from the town major, and if he wish to remain longer, a consul or householder must become security for his good behavior. Licenses of residence are granted only for short periods—ten, fifteen, or twenty days—but they can be renewed if occasion require. ”

“ People rarely choose a non-resident. It is improper, as, in the first branch, the people at large, not the states, are represented.
Mr. RUTLEDGE urged and moved, that a residence of seven years should be required in the state wherein the member should be elected. An emigrant from New England to South Carolina or Georgia would know little of its affairs, and could not be supposed to acquire a thorough knowledge in less time.
Mr. READ reminded him that we were now forming a national government, and such a regulation would correspond little with the idea that we were one people. ”

“ For the purposes of this section, a person shall be deemed to be ordinarily resident at the place where he or she normally lives and to which he or she returns regularly after any period of temporary absence, including the place where he or she was previously so ordinarily resident and to which he or she returns regularly after any period of absence. ”

“ It was undoubtedly an abuse that such a state of things should exist, but it must have been a convenient source of revenue to a few professionals in the days when fees were low and matches few. But the accurate definition of bona fide residence is still a difficulty: in some cases a man has taken a room, or a room has been taken for him, in the county for which he is desired to qualify, and he has, as occasion suited, occupied it for a night or two, while similar evasions or elastic interpretations of the law have existed ”

“ The policies pursued by both government and private persons and agencies have a continuing and present effect upon the complexion of the community — as we know, the choice of a residence is a relatively infrequent affair. ”

“ Here too, on a vacancy among the Residentiaries, the existing Residentiary body determines which of the other Canons shall be called into residence. You will see that the rule that no man could reside without the consent of the existing Residentiaries would, as soon as there was a fixed number, naturally grow into an election of this kind. But in some places, as at York, the Dean alone called into residence whom he would. In others, as at Lincoln, the duty of residence was laid on some or all of the dignitaries, [Pg 93] who of course must reside if they are to do their duties effectually. ”

“ He may come without name, fame, or property, and he is received with open arms. After a brief residence he is entitled to full citizenship, and is then a part of the government, enjoying all the rights and privileges of the native born. ”

“ Inhabitancy' and 'residence' do not mean precisely the same thing as 'domicile,' when the latter term is applied to succession to personal estate, but they mean a fixed and permanent abode or dwelling place for the time being, as contradistinguished from a mere temporary locality of existence.' Mr. Justice NELSON, then chief justice of New York, delivering the opinion of the court in Frost v. ”