Daughter with green card studying abroad

[Jojo92122 1,924]

Be very careful. What are the conditions of the scholarship and stipend? Is one of the condition require the recipient to be a Ukrainian resident? If it is, then your daughter can lose her green card. Claiming Ukrainian residency to qualify for the scholarship and stipend can be interpreted as an abandonment of her US residency.

Being outside the US for more than one year without a reentry permit is only one factor in determining abandonment of legal residency. Claiming residency in another country can be the basis for losing US residency regardless of how long a person has been out of the US.

Edited July 5, 2011 by Jojo92122

[payxibka 10,045]

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.

ok so i gotta ask, as for citizenship for sergey, how is he going to overcome the continuous presence requirement?

[Gary and Alla 3,694]

Being outside the US for more than one year without a reentry permit is only one factor in determining abandonment of legal residency. Claiming residency in another country can be the basis for losing US residency regardless of how long a person has been out of the US.

This is correct.

The length of time out of the country (if less than one year) is less important than the person's actions. Claiming to be a resident of another country can get you tossed immediately...if they know it. In our case residency is not an issue for our son's scholarship.

[luuux 0]

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.

How about filing re-entry permit before my relative come here in the US ??? He has been absent for 10 months because he is the student too , the problem is he will only be able to come to US for one week , i know if i apply I-131 re-entry form , i wouldnt get biometric appointment within a week , so the question is right before he actually flies here , can i file the form for him ? ( maybe 2 weeks in advance ) ?

[payxibka 10,045]

How about filing re-entry permit before my relative come here in the US ??? He has been absent for 10 months because he is the student too , the problem is he will only be able to come to US for one week , i know if i apply I-131 re-entry form , i wouldnt get biometric appointment within a week , so the question is right before he actually flies here , can i file the form for him ? ( maybe 2 weeks in advance ) ?

i-131 needs be applied for BEFORE the person departs the US... cannot apply when they are already outside

[Brother Hesekiel 2,236]

Gary,

Once he files his N-400, the nights he slept in the US versus in the former Russian Empire since becoming a resident of the US will count. I understand where you're coming from and I also understand that you did your homework, but I have yet to hear from somebody living in a foreign country for almost the entire time of his residency and getting away with it all the way to the end.

[Harsh_77 718]

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

Where do you see this exception for student.

Dont make up the exception at your will..... I am just saying what the rules state.

Its upto the officer at boreder to let someone in US or not, when they are not maintaing residence in US as their primary residence.

[Harsh_77 718]

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.

So you are saying your son has been living out of US for 8 year - means he only comes to US for 2 months in a year for vaccation and remains out of US for 10 months?

Getting a scholarship in Moscow is upto Russian govt.

If he is doing this for 8 yrs and immigration never caught it does not mean that legit.

The primary residence for a GC holder has to be US otherwise one does not need a GC, apply for appropriate VISA.... these are not my word these are words of CO.

This is correct.

The length of time out of the country (if less than one year) is less important than the person's actions. Claiming to be a resident of another country can get you tossed immediately...if they know it. In our case residency is not an issue for our son's scholarship.

Alla - if you claim to be resident of US then you have to spend most of the time in a year in US too....

You cannot claim to be US resident just for immigration and paperwork and continue to live in other country for most part of the year.

[rainkiss10 0]

The most valid purpose of a re-entry visa is when an immigrant will need to study in a different country. Immigration will not doubt you on that premise. As long as the principal immigrant like the mom or dad is staying in the US. Upon return to the US of the student, he/must must be ready to present proof that he/she is a student e.i. School's ID, registration forms, tuition form and unexpired re-entry permit at the airport.

[rainkiss10 0]

yes, u can file weeks before your son arrives for vacation in the US. Just timed it well so as the biometrics schedule will fall when he is the Us already. Quite tricky but possible.

How about filing re-entry permit before my relative come here in the US ??? He has been absent for 10 months because he is the student too , the problem is he will only be able to come to US for one week , i know if i apply I-131 re-entry form , i wouldnt get biometric appointment within a week , so the question is right before he actually flies here , can i file the form for him ? ( maybe 2 weeks in advance ) ?

[reynardine 0]

Our daughter entered America at Chicago on July 6 after a 10.5 month absence with absolutely no questions and no problems. I believe that the immigration officials are looking mainly for people living and working outside the US, with no intention of living here. A student with no permanent home abroad and no job is NOT who they are looking for. While technically they could be denied entry, I believe it is extremely unlikely. I sugggest others in a similar situation to pay attention to the actual experience of other people, and not somebody's interpretation of what they have read on the internet. I have read everything. I already know the laws, rules, and regulations. I can interpret them myself. What I needed from this forum was actual experience of other people. Thank you so much to everyone who responded.

[Gary and Alla 3,694]

ok so i gotta ask, as for citizenship for sergey, how is he going to overcome the continuous presence requirement?

We have been through this with USCIS at several levels and Senator Leahy's office.

As you know, "continous presence" does not mean you cannot leave the US during those 3 years. If you are absent for more than 1 year, yes, it restarts the clock at -0-. If you are absent for more than 6 months but less than 12 months, it MAY be a problem depending on the reason for the absences. Education is generally accepted (of course they always take the "at the disgression of..." stance. We have been told to be prepared to show ...

1. Enrollment at a foreign university and the dates of classes

2. meeting all requirements of the green card, specific things are: drivers lisence, bank accounts, income tax returns, draft registration (for men over age 18), etc.

These things MAY be requested upon his filing for citizenship

FWIW we are going to be taking the conservative route and this year he will be coming back for 2 weeks during his semester break in late January, so he will not be gone even 6 months at any one time.

[rika60607 215]

I can see how this does not re-start the clock.

But how is he going to get around the physical presence requirement? I think it would only be possible if he was in the US military or working for government?

We have been through this with USCIS at several levels and Senator Leahy's office.

As you know, "continous presence" does not mean you cannot leave the US during those 3 years. If you are absent for more than 1 year, yes, it restarts the clock at -0-. If you are absent for more than 6 months but less than 12 months, it MAY be a problem depending on the reason for the absences. Education is generally accepted (of course they always take the "at the disgression of..." stance. We have been told to be prepared to show ...

1. Enrollment at a foreign university and the dates of classes

2. meeting all requirements of the green card, specific things are: drivers lisence, bank accounts, income tax returns, draft registration (for men over age 18), etc.

These things MAY be requested upon his filing for citizenship

FWIW we are going to be taking the conservative route and this year he will be coming back for 2 weeks during his semester break in late January, so he will not be gone even 6 months at any one time.

[Gary and Alla 3,694]

So you are saying your son has been living out of US for 8 year - means he only comes to US for 2 months in a year for vaccation and remains out of US for 10 months?

Getting a scholarship in Moscow is upto Russian govt.

If he is doing this for 8 yrs and immigration never caught it does not mean that legit.

The primary residence for a GC holder has to be US otherwise one does not need a GC, apply for appropriate VISA.... these are not my word these are words of CO.

Alla - if you claim to be resident of US then you have to spend most of the time in a year in US too....

You cannot claim to be US resident just for immigration and paperwork and continue to live in other country for most part of the year.

You are misinterpreting again.

Our son has been a college student for 4 years so far, just graduated with his bachelors degree. He will return to start his master's degree in September. He will become a citizen next year (10 year green card this year) After he becomes a citizen his absence will make no difference. His first year of college he was not a US resident, we were in the visa process. So it has been 3 years (not 8 years) and will be 4 years when he becomes a citizen.

Absence for more than 6 months and less than one year is allowed without a re-entry permit for any reason. Absence for a reason such as education will not (or should not if you cover your bases) cause a problem with receiving citizenship in 3 years.

Our son does not "live" in Russia. He lives here. His drivers license says so, his tax return says so and he is registered for the draft as required by US residents. He is a student at a school in Moscow. That is all. He is specifically NOT a resident of Moscow and has stamps in his passport to state that his ONLY purpose for being in Moscow is for education. (Russia requires you register your presence there and for what purpose) He officially has no address in Moscow. His scholarship is specifically for a non-citizen/resident of Russia and required he pass special examinations with particular scores in order to quaify for this. The school (not the government) awards a certain number of scholarships for masters degrees and doctorate degrees to foreign students who qualify for them. He is classified by the school as a "foreign student"

His being a student has not been overlooked, it has in fact been listed on his applications for the green card, for the visa and discusseed in detail with several levels of the USCIS at the VSC. It will also be noted on his I-751 when we file that in a couple weeks.

I am not guessing. This is Gary, not Alla.

CO's do not make the rules.

Please give us the experience you base your statements on.

[Gary and Alla 3,694]

I can see how this does not re-start the clock.

But how is he going to get around the physical presence requirement? I think it would only be possible if he was in the US military or working for government?

And?