LPR filing for son

[Sweetoosohni 0]

My mother-in-law just recently recieved her brand new visa (IR5) and will be traveling to US within couple of months. She intends to apply for her son as soon as she receives her green card.

I have 2 questions:

1- What are the latest wait times for son/daughter applications. Her son is 17 years old. Does he have a chance of approval before he turns 21?

2- Can she apply for her son and leave the country? or does she have to stay here on permanent basis? Will that have any affect on her son's petition?

[Penguin_ie 5,994]

1- the son would be a 2a, which has a current waiting period of approx 4 years for unmarried children of LPRs. If he does not make it before he turns 21, that will turn into an 8 year wait, but his age may be "frozen" for the visa application, I am not quite sure when or if LPRs are elligible for that.

2- that depends with what you mean with "leave the country"- she is allowed to travel on holidays or business, but she must remain a LPR, and thus spend more time inside the USA than outside. If she looses her greencard, the visa application for her son is voided.

[aaron2020 11,651]

1- the son would be a 2a, which has a current waiting period of approx 4 years for unmarried children of LPRs. If he does not make it before he turns 21, that will turn into an 8 year wait, but his age may be "frozen" for the visa application, I am not quite sure when or if LPRs are elligible for that. Under CSPA, age is frozen for an F2a beneficiary only at the time the LPR parent becomes a USC. Otherwise, there is no freezing. The time that it takes USCIS to approve the petition is not counted against the beneficiary but time waiting for a visa at the NVC is. It is impossible to say at this time whether the son would benefit under CSPA. It can be guessed at probably 2-3 years after the petition is filed in this case.

2- that depends with what you mean with "leave the country"- she is allowed to travel on holidays or business, but she must remain a LPR, and thus spend more time inside the USA than outside. If she looses her greencard, the visa application for her son is voided. Mom cannot come to the US to get her green card and then move home. An LPR is a Legal Permanent Resident. Permanent means being in the US more than outside the US. There are several scenarios where an LPR who spends a significant amount of time outside the US is considered to have abandoned that status. Mom losing her LPR status would mean the petition for the son is voided.

[Sweetoosohni 0]

Thanks for replies.

She has kids overseas, so she'll be traveling back & forth. But will definitely plan to stay more in US. I've read that she cannot stay out of US for over 12 months at a time, otherwise her LPR status will be lost.

[aaron2020 11,651]

Thanks for replies.

She has kids overseas, so she'll be traveling back & forth. But will definitely plan to stay more in US. I've read that she cannot stay out of US for over 12 months at a time, otherwise her LPR status will be lost.

http://www.uscis.gov/portal/site/uscis/men...000082ca60aRCRD

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently

* Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

* Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

• Fail to file income tax returns while living outside of the United States for any period

• Declare yourself a “nonimmigrant” on your tax returns