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bobototokoko

submitting I131 for self then petitioning for son

By bobototokoko in Bringing Family Members of Permanent Residents to America

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bobototokoko Contributor

bobototokoko   0

Posted
Filed: Timeline
Posted

Hello,

I was wondering if anyone new if a LPR has to be present the whole time in the US while he petitions for his son (under f2a) and waits for his PD to become current or whether he can petition for his son and then submit an i131 for a 2 year pass for himself and stay with his son the majority of the wait time. he will probably head back to the USA before his PD comes current and wait for his son there.

im looking to know if the second scenario is legal and accepted by USCIS

cheers

  • 2 weeks later...
Ian H. Proficient

Ian H.   207

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

That's perfectly fine. There is no requirement that you be present in the US to petition someone. However, as an LPR aside from having the reentry permit, you have to maintain ties to the US. Like filing taxes, paying bills, etc.

This does not constitute legal advice.

Boiler Grand Master

Boiler   46,144

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What will you be doing to maintain your US residency?

“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.”

 
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