Daughter with green card studying abroad

[reynardine 0]

My daughter, who has her green card, is attending University in her native country, Ukraine, on a full scholarship plus a stipend. She stays with her grandparents while she is in Ukraine. Usually she comes home during winter break, as well as every summer. This year, however, she stayed with her grandparents during winter break. She left America in August. Now we are worried that she will have problems entering the United States this July with her green card. Is it possible that her green card will be taken away and she will be sent back to Ukraine? She has never had a job in any country. She is listed as a dependent on our tax returns. She lost her student ID card and will not get a new one until September. Now, she has to use a color photocopy of her student ID. Is there anything we can do to make sure that she will be allowed to enter America? If anyone reading this can help, it will be greatly appreciated. If anyone who experienced a similar situation reads this, please tell us your experience.

[payxibka 10,045]

My daughter, who has her green card, is attending University in her native country, Ukraine, on a full scholarship plus a stipend. She stays with her grandparents while she is in Ukraine. Usually she comes home during winter break, as well as every summer. This year, however, she stayed with her grandparents during winter break. She left America in August. Now we are worried that she will have problems entering the United States this July with her green card. Is it possible that her green card will be taken away and she will be sent back to Ukraine? She has never had a job in any country. She is listed as a dependent on our tax returns. She lost her student ID card and will not get a new one until September. Now, she has to use a color photocopy of her student ID. Is there anything we can do to make sure that she will be allowed to enter America? If anyone reading this can help, it will be greatly appreciated. If anyone who experienced a similar situation reads this, please tell us your experience.

stop worrying, she has not been out more than one year, she should be fine

Edited June 29, 2011 by payxibka

[missicy 87]

One of the responsibilities of a permanent resident is maintaining residency in the US. Looks like she is living in Ukraine and coming to the US just for vacations, which can cause problems.

[Penguin_ie 5,993]

Is this the first year? If so, no worries, she will be fine. But if she's done this for several years then there is a chance they may give her trouble on the way home. Best apply for a re-entry permit next time she comes.

[Harsh_77 718]

stop worrying, she has not been out more than one year, she should be fine

That is the wrong advice, to maintian your resident status you have to maintain residence in US - which translate to spending most part of the year in US.

If that is not done, her residence status can be voided.

Is this the first year? If so, no worries, she will be fine. But if she's done this for several years then there is a chance they may give her trouble on the way home. Best apply for a re-entry permit next time she comes.

I dont think one can apply for re-entry permit over and over, I could be wrong on this.

She being a student at Univ in Ukraine would mean she needs atleast 4 years in Ukraine and I dont think re-entry permit covers 4 year.

If I am not wrong re-entry permit is only valid for 2 years.

[SimranS 9]

My daughter, who has her green card, is attending University in her native country, Ukraine, on a full scholarship plus a stipend. She stays with her grandparents while she is in Ukraine. Usually she comes home during winter break, as well as every summer. This year, however, she stayed with her grandparents during winter break. She left America in August. Now we are worried that she will have problems entering the United States this July with her green card. Is it possible that her green card will be taken away and she will be sent back to Ukraine? She has never had a job in any country. She is listed as a dependent on our tax returns. She lost her student ID card and will not get a new one until September. Now, she has to use a color photocopy of her student ID. Is there anything we can do to make sure that she will be allowed to enter America? If anyone reading this can help, it will be greatly appreciated. If anyone who experienced a similar situation reads this, please tell us your experience.

This topic comes up often in this forum. What experience she'll have when she tries to reenter the country really depends on the officer sitting in the booth that day. While she's technically allowed to be out of the country for up to a year (without a reentry permit), any absence of more than 6 months is more likely to raise suspicion that she's abandoned her LPR status. Some VJ members have reported being given a hard time/lecture by the IO after an 11-month absence, while still being allowed to enter. Others have reported having no trouble at all reentering after 11 months. In rare cases, they may send someone to secondary inspection and interrogate them more about their absense, and could ask them to appear before an immigration judge to determine whether they've abandoned their status. It's highly unlikely that she would be "sent back" to Ukraine and not allowed to enter at all.

There's really nothing you can do to "make sure" she wont have any trouble, but when the officer asks about her absence she should tell them that she was temporarily studying outside the country and that she lives with you in the USA. In the future make sure she's not out of the country more than 6 months, until she completes her studies, to lessen her risk.

[Krikit 1,164]

I've seen this scenario a few times. Her permanent residence is in the US, even if she is studying abroad. It's treated differently than someone who is intentionally scamming the system. Hopefully, someone who has experience with this will see your thread and comment. One who comes to mind is Gary and Alla. I'm going to send them the link to your thread.

[Gary and Alla 3,694]

Is this the first year? If so, no worries, she will be fine. But if she's done this for several years then there is a chance they may give her trouble on the way home. Best apply for a re-entry permit next time she comes.

This will be the the third return trip for our son. So far no problems. He comes back Sunday.

The key is to show that he/she intends to remain a US resident and not be out of the country for MORE THAN 12 months. Our son is typically gone for 10 months. She should carry and have available evidence she intends to remain a resident. Our son has with him if needed...

1. Vermont Drivers Lisence

2. Medical insurance card

3. Copy of 2010 tax return with w-2/schedule C

4. Draft card

5. Copy of bank account statement in USA

6. Debit card from US bank

Copy of student ID and class schedule, translated. Our concern is not that they will take away his green card, they won't, but that there could be a cause for delay in his citizenship.

Legal residents ARE allowed to be foreign students and just return "for vacations" provided they can demonstrate they do not intend to live abroad or give up their residency.

[Gary and Alla 3,694]

This topic comes up often in this forum. What experience she'll have when she tries to reenter the country really depends on the officer sitting in the booth that day. While she's technically allowed to be out of the country for up to a year (without a reentry permit), any absence of more than 6 months is more likely to raise suspicion that she's abandoned her LPR status. Some VJ members have reported being given a hard time/lecture by the IO after an 11-month absence, while still being allowed to enter. Others have reported having no trouble at all reentering after 11 months. In rare cases, they may send someone to secondary inspection and interrogate them more about their absense, and could ask them to appear before an immigration judge to determine whether they've abandoned their status. It's highly unlikely that she would be "sent back" to Ukraine and not allowed to enter at all.

There's really nothing you can do to "make sure" she wont have any trouble, but when the officer asks about her absence she should tell them that she was temporarily studying outside the country and that she lives with you in the USA. In the future make sure she's not out of the country more than 6 months, until she completes her studies, to lessen her risk.

This will be our son's third return trip after a 10 month absence. He has never been asked to produce any further evidence nor has he ever been lectured or scolded. He HAS been asked why he was gone for 10 months, he says he is a student and that is that...so far. It is true that it is the disgression of the occifer at the POE.

[tom&tanya 48]

My stepdaughter is also a student in Ukraine and has come back to the US twice since getting her green card. She has been asked why she has been away and she tells them she is a student at University and has not had a problem.

[rainkiss10 0]

My son has a re-entry permit and he will be returning to the Us this december 2011 after 1yr and 8 months studying in the Phil. Is it advisable that ill get him another re-entry permit before he goes back to Phil. to study or just let him visit the US for short vacations or visits?

My stepdaughter is also a student in Ukraine and has come back to the US twice since getting her green card. She has been asked why she has been away and she tells them she is a student at University and has not had a problem.

[reynardine 0]

Thank you so much to everyone who responded. It helps a lot to hear from other people in a similar situation.

[payxibka 10,045]

That is the wrong advice, to maintian your resident status you have to maintain residence in US - which translate to spending most part of the year in US.

If that is not done, her residence status can be voided.

not so (particularly for a student)... stop adding fear to the situation

[Gary and Alla 3,694]

not so (particularly for a student)... stop adding fear to the situation

Sergey just entered the USA for the third time for his summer vacation after an absence of 10 months. No questions asked. He went to the "US citizen and Resident" line at JFK, showed his passport and green card and was waved right through. He did have many documents with him to prove hisresidency, but was not asked for them.

He got back Saturday afternoon, we spent two days wandering around New York city with him and we all just drive back today. He has a job lined up at a grocery store within walking distance and starts that Wednesday. So he will have a US income to report on his 1040EZ.

He will go back the end of August to begin his master's program. Since his citizenship filing will be coming up next year, we are considering having him come back mid-year. We will file his RoC forms this week and he should get his biometrics done before he has to go back...actually he WILL get them done because I will make an infopass appointment and do a walk-in if necessary.

For those with students, this can be done, just be careful to follow the requirements to remain a resident which has MUCH more to do with one's actions and intentions and MUCH less to do with the number of nights you sleep in the USA each year.

[Gary and Alla 3,694]

That is the wrong advice, to maintian your resident status you have to maintain residence in US - which translate to spending most part of the year in US.

If that is not done, her residence status can be voided.

I dont think one can apply for re-entry permit over and over, I could be wrong on this.

She being a student at Univ in Ukraine would mean she needs atleast 4 years in Ukraine and I dont think re-entry permit covers 4 year.

If I am not wrong re-entry permit is only valid for 2 years.

You are wrong about most of what you said. If you have experience to contribute, please do so. If it is simply your incorrect interpretation of what you have read...say so.

Our son will be a student in Moscow for EIGHT years. He has a full scholarship for a doctorate degree. He will be a citizen after next year so it will not be an issue at all after that. So far he has been a student for four years, just got his bachelor's degree and has never had a question asked or an issue raised.

He has NEVER had a re-entry permit and has never needed one.