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Filed: Timeline
Posted

Hi,

Both my daughter and I received our 10 year green card recently, and I have since gotten a divorce and I'm trying to survive on my own.

Since I can't afford to take care of her, I sent my daughter back to San Salvador to go to school and have my mom take care of her.

How long can she be out of the country before she risks losing her green card? Are there any waivers I can file?

Any advice appreciated! :help:

Filed: F-2A Visa Country: Jamaica
Timeline
Posted

Hi,

Both my daughter and I received our 10 year green card recently, and I have since gotten a divorce and I'm trying to survive on my own.

Since I can't afford to take care of her, I sent my daughter back to San Salvador to go to school and have my mom take care of her.

How long can she be out of the country before she risks losing her green card? Are there any waivers I can file?

Any advice appreciated! :help:

she can stay outthe country for 1 year without risk... she can stay out the country for 2 years if she comes back to the USA and applies for a Re-entry permit...!

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Filed: Timeline
Posted

she can stay outthe country for 1 year without risk... she can stay out the country for 2 years if she comes back to the USA and applies for a Re-entry permit...!

So like this..?

* [Jan 2011] USA -> San Salvador

* [Dec 2011] San Salvador -> USA

* [Dec 2011] Apply for Re-entry permit

* [Jan 2012] USA -> San Salvador

* [Jan 2013] San Salvador -> USA

And no problemas por mi chiquitita?

When she comes back to the USA in Dec 2011 to apply for a re-entry permit, how long does she have to stay? A month, two months ..?

Thanks!

Filed: Other Timeline
Posted

I disagree. She just got her Green Card. If she now leaves for almost a year, comes back for a short while and leaves again for a long time, CBP will eat her alive.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

So like this..?

* [Jan 2011] USA -> San Salvador

* [Dec 2011] San Salvador -> USA

* [Dec 2011] Apply for Re-entry permit

* [Jan 2012] USA -> San Salvador

* [Jan 2013] San Salvador -> USA

And no problemas por mi chiquitita?

When she comes back to the USA in Dec 2011 to apply for a re-entry permit, how long does she have to stay? A month, two months ..?

Thanks!

Permanent resident status is for people who reside in the US. If a CBP officer ever concludes that an LPR is no longer living in the US then they'll revoke their green card.

There are some circumstances that will cause CBP to automatically assume that someone has abandoned their residency, and seize their green card. Examples are staying outside the US for more than a year without a reentry permit, or staying outside the US more than two years with a reentry permit.

Beyond that, the CBP officer has discretion to determine if the LPR has abandoned their residency. Their general policy is to look for evidence that an LPR might have abandoned their residency after any single absence of six months or more, or multiple absences of any length with only brief periods of return.

I think they are less likely to make a discretionary determination that an LPR has abandoned their residency if the LPR is a child attending school abroad, and has a parent who remains in the US. Just make sure she isn't gone more than a year without first obtaining a reentry permit. When questioned by a CBP officer she should say she's living with her mother in the US, and staying with her grandmother while she's in school. If the CBP officer ever presumes it's the other way around then she'll lose her green card.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Wales
Timeline
Posted

A CBP Officer does not have the authority to take away someone's PR status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: F-2A Visa Country: Jamaica
Timeline
Posted

I disagree. She just got her Green Card. If she now leaves for almost a year, comes back for a short while and leaves again for a long time, CBP will eat her alive.

no sir. not at all. and she would have applied for a re-entry permit

When she comes back to the USA in Dec 2011 to apply for a re-entry permit, how long does she have to stay? A month, two months ..?

Thanks!

about 2 months

A CBP Officer does not have the authority to take away someone's PR status.

yea they see the judge

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Filed: Other Timeline
Posted

A CBP Officer does not have the authority to take away someone's PR status.

Correct.

But if CBPconcludes that the resident--while outside the US and begging to be let in again after a long absence-has abandoned her residency status, they are authorized to seize the Green Card and the offer 1 of 2 things:

1) Go into a detention center and wait for the judge to sign the deportation order, or

2) Surrender the Green Card voluntarily and be admitted as a non-resident.

None of this applies if someone is in the US. But if a Green Card holder is outside the US, returning, at the POE and not being admitted yet, the immigrant is in a very undesirable position. It's a power game, a mind game, psychological warfare, but very often it works.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Wales
Timeline
Posted

Much more likely:

3 Be released to appear before an IJ at a future date.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Much more likely:

3 Be released to appear before an IJ at a future date.

CBP can refuse to admit them, confiscate the green card, and parole them into the US to appear in immigration court.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: F-2A Visa Country: Jamaica
Timeline
Posted

All this is irrelevant as the child would apply for the re-entry permit before she leaves. The daughter just got her green card. She havent been doing this for a while.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Posted

Make an Infopass appointment and go discuss your daughter's educational requirements and your financial position with someone qualified to give you an expert opinion on USCIS' position on the matter. That way you will know for sure where you stand and won't be worrying all the time your daughter is away. :)

ROC

AR11 filed: 02/05/11

I-751 filed at Vermont Service Center: 02/07/11

NOA: 02/14/11

Biometrics appt: 03/21/11

RoC Interview: Not required

RoC Approved: 08/04/2011

10 yr Green card received: 08/10/2011

Filed: K-1 Visa Country: Belarus
Timeline
Posted

Make an Infopass appointment and go discuss your daughter's educational requirements and your financial position with someone qualified to give you an expert opinion on USCIS' position on the matter. That way you will know for sure where you stand and won't be worrying all the time your daughter is away. :)

Best advice I have seen all day! :thumbs:

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Filed: Country: China
Timeline
Posted

All this is irrelevant as the child would apply for the re-entry permit before she leaves. The daughter just got her green card. She havent been doing this for a while.

No, it is all very relevant as if they have shown a pattern that is percieved as having given up their residency in the US and they are just using the green card as a way around a visa, it can be seized by the CBP. Having a reentry permit won't make a difference and it is only valid for a certain period anyway so reapplying for a new reentry permit will shine a big spotlight on the case.

bottom line is that green cards are for people who are legal permanant residents. If she is living with her grandmother and using the green card/reentry permit to return to the US once a year for a couple of months then she is not an LPR and you would be committing fraud. I understand that it is a difficult situation finanacially but the better and correct thing to do would be for her to give up the green card and when things are in a better position for you to support her, then you can submit the petition for her to get a visa to become an LPR again.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

Filed: F-2A Visa Country: Jamaica
Timeline
Posted

Make an Infopass appointment and go discuss your daughter's educational requirements and your financial position with someone qualified to give you an expert opinion on USCIS' position on the matter. That way you will know for sure where you stand and won't be worrying all the time your daughter is away. :)

when you're not familiar with the process.. then we'll see comments like this. not an info pass issue - friend;

Best advice I have seen all day! :thumbs:

dont just follow.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

 
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