F2A for son of a LPR: does LPR have to stay in US while waiting?

[ahuacatl 0]

I am a USC and I want to bring my mother (married, 50 years old) and brother (10 years old) to the US. Both of them are UK citizens and living in the UK.

I understand that the quickest way to do this is to file I-130 for my mom to get an IR-5 visa (which will then automatically turn into LPR) and then once she gets LPR status, she can file F2A for her son (my brother). Right?

My question is this: how much time during this process does my mother have to stay in the US? For obvious reasons she wouldn't want to leave her son behind in the UK while waiting a couple years in the US for all of the paperwork to clear.

Are there any specific times she will have to stay in the US? Or if she stays in the UK until my brother gets his visa will this time outside of the US hurt her ability to renew her green card later on?

Thanks!

[Miami_Boy 9]

I am a USC and I want to bring my mother (married, 50 years old) and brother (10 years old) to the US. Both of them are UK citizens and living in the UK.

I understand that the quickest way to do this is to file I-130 for my mom to get an IR-5 visa (which will then automatically turn into LPR) and then once she gets LPR status, she can file F2A for her son (my brother). Right?

My question is this: how much time during this process does my mother have to stay in the US? For obvious reasons she wouldn't want to leave her son behind in the UK while waiting a couple years in the US for all of the paperwork to clear.

Are there any specific times she will have to stay in the US? Or if she stays in the UK until my brother gets his visa will this time outside of the US hurt her ability to renew her green card later on?

Thanks!

As LPR status can stay out the US for 11 months.

Are there any specific times she will have to stay in the US?

There is no specific time for LPR status if she continue only GC status( not applying for US citizen). only except GC through H1B.(Employment category).

Or if she stays in the UK until my brother gets his visa will this time outside of the US hurt her ability to renew her green card later on?

She can apply for re-entry( I-131 form), Most she can stay out of country for 2 years.

Here is some useful INFO:

http://www.uscis.gov...000082ca60aRCRD

http://www.uscis.gov...ments/M-618.pdf

Edited January 11, 2011 by Miami_Boy

[YuAndDan 153]

Green-card is for living in the USA, it is not a "permanent visa"

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

http://www.uscis.gov...000082ca60aRCRD

If the POE sees excessive time out of country, or entry to the USA for short visits they can flag the green-card holder, and USCIS can revoke the green-card.

Edited January 11, 2011 by YuAndDan

[olympic 0]

Why not file for your brother directly? Even if the waiting time is shorter when a parent files, there are lots of uncertainties and the more petitions in the system, the better. For example, should your brother get married while your mother is a permanent resident or should your mother pass away, your mother's petition will generally be void. Or should your mother be found to have relinquished permanent resident status because she does not actually live in the US.

I am a USC and I want to bring my mother (married, 50 years old) and brother (10 years old) to the US. Both of them are UK citizens and living in the UK.

I understand that the quickest way to do this is to file I-130 for my mom to get an IR-5 visa (which will then automatically turn into LPR) and then once she gets LPR status, she can file F2A for her son (my brother). Right?

My question is this: how much time during this process does my mother have to stay in the US? For obvious reasons she wouldn't want to leave her son behind in the UK while waiting a couple years in the US for all of the paperwork to clear.

Are there any specific times she will have to stay in the US? Or if she stays in the UK until my brother gets his visa will this time outside of the US hurt her ability to renew her green card later on?

Thanks!

[Boiler 45,525]

If she wishes to immigrate to the US then she will be living in the US and visiting the UK.

That would impact for example access to the NHS, invalidate her DL etc etc.