LPR to study outside country

[marknjess 0]

My son is a permanent resident here in the US, he wanted to continue his college in the Philippines. What should he do in order to be able to stay in Philippines until he can finish his degree? It is a hassle and expensive for him to enter in the US every 6 months to keep his permanent residency. He needs 2 to 3 yrs more to finish his college course. Please if anybody had the same experience, kindly share, Thank u so much!

[Dave&Roza 748]

My son is a permanent resident here in the US, he wanted to continue his college in the Philippines. What should he do in order to be able to stay in Philippines until he can finish his degree? It is a hassle and expensive for him to enter in the US every 6 months to keep his permanent residency. He needs 2 to 3 yrs more to finish his college course. Please if anybody had the same experience, kindly share, Thank u so much!

Al long as he maintains his ties to the US and his LPR status he can get a re-entry permit that will allow him to remain outside the US for up to 2 years. He cannot use his citizenship from the PI as a means to get lower tuition rates offered to PI residence as that would be giving up his US LPR status. For the last year he can continue to go to school and return to the US before he is outside for more than 1 year. Short trips just to keep the GC will be caught by the CBP, but as long as he has ties to the US and can show that he is only in the PI to study as a US LPR this can be done.

You must plan for him to maintain his LPR status. I realize it is a hassle and expensive for him to keep his GC, but it is either the hassle or he can abandon his GC and re-apply at a later date--which is more expensive and may not be possible given his situation. You need to reseach about the options on how to maintian his LPR status while being outside the US. I would start by looking at this page and go from there. This is doable but it will take some effort and WILL have an effect on when his is able to apply for USC, but to my mind keeping the GC is what you should worry about first.

Here are two seniors as I see it. 1) Have him trave back to the US during breaks, especially the summer break. That will be less than 1 year outside the US and no need for a re-entry permit. Ties to the US and the fact that he is studying in the PI will need to be brought along at each border crossing, 2) get a re-entry permit which will allow him to be outside the US for up to 2 years and then he only has to worry about the last year. The re-entry permit must be applied for and received before he leaves the US for the extended stay so some planning is needed (you can apply and he can do option 1 and when he receives the re-entry permit remian outside the US for the remainder of the time).

Good luck,

Dave

[marknjess 0]

Thank u Dave for your reply. I just want to double check, so my son can stay in Philippines for his studies and re enter US after less than 1 year to keep his GC? I thought he needs to re enter every 6 months. But if less than 1 year is ok then he can plan to enroll 2 full semester there, then come back here in US less than a year or summer breaks. This is really a nice idea. Thank u so much Dave. Another thing i wanted to know, how about applying for parole? I heard you can stay in Philippines for 2 yrs straight if you have applied for parole?

[apple21 953]

Get him a Re-Entry Permit. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

[aaron2020 11,651]

Thank u Dave for your reply. I just want to double check, so my son can stay in Philippines for his studies and re enter US after less than 1 year to keep his GC? I thought he needs to re enter every 6 months. But if less than 1 year is ok then he can plan to enroll 2 full semester there, then come back here in US less than a year or summer breaks. This is really a nice idea. Thank u so much Dave. Another thing i wanted to know, how about applying for parole? I heard you can stay in Philippines for 2 yrs straight if you have applied for parole?

Your son needs a reentry permit.

He also needs to maintain his LPR status in the US. Claiming a non-US resident will cause him to lose his LPR status. If he claims a Philippines residence to pay lower tuition, he is essentially saying he is a Philippines resident and not a US resident.

Be careful.