Left for study abtroad

[ninalika 0]

Hi, my name is Nina,

My son had left to study abroad, before his permanent Green Card received ( in Sept 2009) Now he is gonna come back in approximately August, for the school break, but only for about a month. I am going to send him his Green Card. But will he be allowed back to US ( he will have been away from US a little less than a year) And how can I apply for his travel document( and which document?) if he will only be here for a motnh or less, and won't have time to wait 90-100 days till his travel document is approved etc?

Thanks this VJ forum for always usefull information!

Sincerely,

Nina

[daboyz 36]

Hi, my name is Nina,

My son had left to study abroad, before his permanent Green Card received ( in Sept 2009) Now he is gonna come back in approximately August, for the school break, but only for about a month. I am going to send him his Green Card. But will he be allowed back to US ( he will have been away from US a little less than a year) And how can I apply for his travel document( and which document?) if he will only be here for a motnh or less, and won't have time to wait 90-100 days till his travel document is approved etc?

Thanks this VJ forum for always usefull information!

Sincerely,

Nina

Did he come on a K-4 visa? I assume a K-4 is multi entry just as a K-3 is.

That aside, there are issues about abandoning status. If he gets his green card and spends between 6-12 months out of the country there's gonna be issues. If he spends more than a year, they consider it abandonment of residency. They frown on people using green cards as tourist visas.

Edit:

Sorry I misread that he already has his green card. I'm not sure how that works. Hopefully someone else can cam along and help.

This is a unique situation.

Edited March 31, 2010 by daboyz

[rika60607 215]

He will need a re-entry permit.

He can apply for it and have biometrics done in the US and ask for the permit to be sent to the US embassy in the country where he studies.

[JimVaPhuong 4,863]

He will need a re-entry permit.

He can apply for it and have biometrics done in the US and ask for the permit to be sent to the US embassy in the country where he studies.

From her description, it sounds like her son has already left the US. She said he left before his green card was received. He can't apply for a re-entry permit if he's already left the US. The biometrics must be done in the US.

[ninalika 0]

From her description, it sounds like her son has already left the US. She said he left before his green card was received. He can't apply for a re-entry permit if he's already left the US. The biometrics must be done in the US.

Yes, that's right, and when we thought to apply for a re-entry permit while he was here, I found out that it might take more than a month, and he couldn

t wait for his biometrics, he had to leave for his school abroad by 1st of sept. But this year he is going to come before a 1-year period expires.

So, I am worried if he has issues when entering US? Even having a Green Card?

Thanks to everybody who is trying to help us!

Nina

[rika60607 215]

He should be able to come back in, if he was gone for studies for less than 1 year.

He may get questioned at POE though. So, he should not lie and should not aggravate the POE officer.

If he plans on leaving for a long time again, it would be wise to get a re-entry permit.

[ninalika 0]

He should be able to come back in, if he was gone for studies for less than 1 year.

He may get questioned at POE though. So, he should not lie and should not aggravate the POE officer.

If he plans on leaving for a long time again, it would be wise to get a re-entry permit.

Oh, OK, this made mew feel better. No, no lies at all!

Thanks for your advise, this time we will try to apply for re-entry permit in advance!

Nina

[Brother Hesekiel 2,236]

Your son left the US without advance parole, before he had his Green Card. If you send your son his green card now, and he arrives in the US after 11 months absence, stays for a short vacation, and leaves again for almost a year, be assured, his Green Card will be revoked. He is not living in the US, and that is the main requirement for permanent residents. There are many schools, colleges, and universities in the United States. If he wants to keep his Green Card, he might want to attend one of those.

[rika60607 215]

If he wants to keep the green card, all he has to do is to apply for re-entry permit, which will allow him to be gone from the US for two years. After that, he can apply again, and have another two years.

Her son was a K4. Meaning, he had a multiple entry visa and had no need for advance parole.

Once his GC was approved, he again, did not need an advance parole. An I-551 in his passport would be nice, but actual piece of plastic not required (can be substituted by other evidence of status). Regardless, he will have this piece of plastic on his way back.

Your son left the US without advance parole, before he had his Green Card. If you send your son his green card now, and he arrives in the US after 11 months absence, stays for a short vacation, and leaves again for almost a year, be assured, his Green Card will be revoked. He is not living in the US, and that is the main requirement for permanent residents. There are many schools, colleges, and universities in the United States. If he wants to keep his Green Card, he might want to attend one of those.

[justashooter 430]

Your son left the US without advance parole, before he had his Green Card. If you send your son his green card now, and he arrives in the US after 11 months absence, stays for a short vacation, and leaves again for almost a year, be assured, his Green Card will be revoked. He is not living in the US, and that is the main requirement for permanent residents. There are many schools, colleges, and universities in the United States. If he wants to keep his Green Card, he might want to attend one of those.

more importantly, if he left before the green card or an advance parole was issued he has already abandoned his status. if border patrol does their job, he will need money for a plane ticket back to wherever he is now.

[Brother Hesekiel 2,236]

Rika,

I stand by my assessment.

A reentry permit is required once the LPR leaves for one year or more, which is not the case here. In this case, a reentry permit would be of no use at all.

A new immigrant, fresh off the boat, leaving the US before even receiving the GC, and spending about 22 of the first 24 months outside of the US, with 2 short visits of 1 month (or so) each, will have a heck of a time explaining this absence to the CBP agent, who will definitely question him about this, assuming, by default, that he abandoned his residency. How will he explain that he maintained residence, if he in fact did not? Did he keep an apartment (I assume not), a car (I assume not), a job (for sure not), so this is a very serious situation of someone who abondoned his residency and would have to manufacture (=lying) something to prove the contrary.

I do not see this happening. This is a textbook case of somebody living abroad, but not in the US, where a LPR is required to live.

[VanessaTony 3,567]

If he wants to keep the green card, all he has to do is to apply for re-entry permit, which will allow him to be gone from the US for two years. After that, he can apply again, and have another two years.

Her son was a K4. Meaning, he had a multiple entry visa and had no need for advance parole.

Once his GC was approved, he again, did not need an advance parole. An I-551 in his passport would be nice, but actual piece of plastic not required (can be substituted by other evidence of status). Regardless, he will have this piece of plastic on his way back.

As soon as her son applied for the AOS from the K4 he was "pending adjustment" BUT as long as his Visa was still unexpired then he DOES NOT require AP to re-enter.

To quote from USCIS here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

"Advance Parole for K-3 or K-4 Family Members

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their nonimmigrant K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant status has expired and the applicant has an adjustment of status application that remains pending."

So, it's important to know whether his visa was expired prior to his AOS approval.

ALSO, although there is a year "deadline" so to speak, this does not mean that he will be permitted entry. They can decide that because he is attending school overseas that he is not a permanent resident of the US and therefore his GC can be revoked. He may get through no problem here and there, but there might just be one day where they decide enough is enough.

Rika,

I stand by my assessment.

A reentry permit is required once the LPR leaves for one year or more, which is not the case here. In this case, a reentry permit would be of no use at all.

A new immigrant, fresh off the boat, leaving the US before even receiving the GC, and spending about 22 of the first 24 months outside of the US, with 2 short visits of 1 month (or so) each, will have a heck of a time explaining this absence to the CBP agent, who will definitely question him about this, assuming, by default, that he abandoned his residency. How will he explain that he maintained residence, if he in fact did not? Did he keep an apartment (I assume not), a car (I assume not), a job (for sure not), so this is a very serious situation of someone who abondoned his residency and would have to manufacture (=lying) something to prove the contrary.

I do not see this happening. This is a textbook case of somebody living abroad, but not in the US, where a LPR is required to live.

I concur

Edited April 1, 2010 by Vanessa&Tony

[rika60607 215]

There are three possible scenarios regarding the timing of him leaving the US:

1. His K-4 expired, he left, his GC got approved - he may be in trouble.

2. His K-4 did not expire until his GC was approved - he is OK, no matter when he left.

3. His K-4 expired, his GC got approved (but physical GC not received), then he left - he is OK.

So, assuming scenario 2 or 3, he became a permanent resident.

more importantly, if he left before the green card or an advance parole was issued he has already abandoned his status. if border patrol does their job, he will need money for a plane ticket back to wherever he is now.

Second question (Just_Bob's concern): did he abandon his permanent residency by going to school outside of the US for 11 months?

Quote from USCIS website:

What do I need to reenter the United States?

To reenter the United States, a permanent resident normally needs to present their green card for readmission. A reentry permit is needed for trips that last longer than 1 year but less than 2 years. For more information, see the”Travel Documents” link to the left under “Green Card Processes & Procedures.”

What if my trip will last longer than 2 years?

If you remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa, you may be considered to have abandoned your permanent resident status. 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.

End of quote.

So, he *may* be considered to have abandoned his residence, but it is not by any means automatic. Anyone who is gone for even one day *may* be considered to have abandoned his residence. How often does that happen?

Being gone for a limited time for a purpose of study does not automatically constitute abandonment. It becomes a question of intent and proof of that intent, and should he get a bad POE experience, Immigration Court would decide if he abandoned his status or not.

His family is in the US. His home is his mother's home. Does he have any possessions in the US? Does he have US bank accounts? Is he a citizen of the country where he studies? We don't know.

His intention is to come back until proven otherwise. For the future, he will want the reentry permit to reduce potential trouble, that's all. Look at form I131 - a permanent resident can request and obtain permission to be gone from the US for 2 years for whatever reason.

Edited April 1, 2010 by rika60607

[rika60607 215]

PS. I worked for 7 months in Europe just weeks after becoming a LPR. I was let back into US, no problem.

I had a new US job waiting for me and I had no status to go back to Europe. That, however, was not discussed at POE.

So either POE officers do not do their job, or some opinionated people think that they understand the law better than POE officers.

Hmmm

[justashooter 430]

There are three possible scenarios regarding the timing of him leaving the US:

1. His K-4 expired, he left, his GC got approved - he may be in trouble.

2. His K-4 did not expire until his GC was approved - he is OK, no matter when he left.

3. His K-4 expired, his GC got approved (but physical GC not received), then he left - he is OK.

So, assuming scenario 2 or 3, he became a permanent resident.

Second question (Just_Bob's concern): did he abandon his permanent residency by going to school outside of the US for 11 months?

i believe you are wrong on that. if a resident applicant leaves before the AP or green card is issued they abandon their residency.

any K visa is single entry and the case file is closed if a K beneficiary leaves USA before issuance of an AP or GC.

in case 3 he should be OK if he has the card in hand upon return and is able to convince the BPO that he didn't abandon. but then, if he used AP the first copy would have been tendered at point of departure and this would be part of the record. it sounds from the OP that neither AP nor GC were present at point of departure. the only hope is that the GC issue date predates his departure date and that it can be mailed to him.