Abandoned Permanent Residency

[loveaboo 0]

My aunt who is a US citizen, successfully petitioned her son in the Philippines. However, after staying in US for a couple of years, he decided to go back to Philippines. It's been 7 years already since he abandoned his residency. Now he's 20 years old and wants to go back to US. Does he need to apply for re-entry or his mom needs to start all over again and petition him again? If he has to start all over again, will it be I-130?

Edited January 31, 2010 by loveaboo

[diadromous mermaid 36]

What is his mother's status. Is the a US citizen?

My aunt who is a US citizen, successfully petitioned her son in the Philippines. However, after staying in US for a couple of years, he decided to go back to Philippines. It's been 7 years already since he abandoned his residency. Now he's 20 years old and wants to go back to US. Does he need to apply for re-entry or his mom needs to start all over again and petition him again? If he has to start all over again, will it be I-130?

[loveaboo 0]

Thanks for the reply. Yes, she is a US citizen.

[diadromous mermaid 36]

The timing of her acquisition of US citizenship is important. When parents become naturalized U.S. citizens, their minor children with green cards gain U.S. citizenship automatically, since children under the age of 18 cannot normally apply to become naturalized U.S. citizens on their own.

Thanks for the reply. Yes, she is a US citizen.

[Kathryn41 3,205]

Isn't there a residency requirement connected with children getting derivative citizenship from a naturalized parent?

http://www.uscis.gov/files/form/n-600instr.pdf

Yes, a lot will depend if he was still living in the US with his green card when his mother became a citizen.

Edited January 31, 2010 by Kathryn41

[loveaboo 0]

Thanks Kathryn!

The mother was not yet a US citizen when the son was living in the US with her. She only decided to become a US citizen last 2008.

From the file, Conditions 2A or having a US citizen parent, 2C or being lawfully admitted as permanent residence, are met and 3 is kinda confusing.

For condition 3, it says that "If you were under the age of 18 on February 27, 2001, but not all conditions noted above were met prior to your 18th birthday, you must qualify for US citizenship in your own right."

The son was 12 years old on February 2001, does that mean he qualifies?

[Boiler 45,467]

Thanks Kathryn!

The mother was not yet a US citizen when the son was living in the US with her. She only decided to become a US citizen last 2008.

From the file, Conditions 2A or having a US citizen parent, 2C or being lawfully admitted as permanent residence, are met and 3 is kinda confusing.

For condition 3, it says that "If you were under the age of 18 on February 27, 2001, but not all conditions noted above were met prior to your 18th birthday, you must qualify for US citizenship in your own right."

The son was 12 years old on February 2001, does that mean he qualifies?

Argue that he went back to finish his education?

Look up SB1 for returning residents.

[loveaboo 0]

Argue that he went back to finish his education?

Look up SB1 for returning residents.

Thanks Boiler! Unfortunately, he didn't finish his education in the Philippines also.

I've checked the SB-1 visa and it said:

"Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects."

I guess the problem will be proving that the reason for not being able to come back was beyond his control.