Mother petition for Son

[bibebok 0]

My mother is a permanent resident, and she has filed a petition for my brother to get here. My mother does not stay in the United States a lot because she has to manage her business in my country. She comes to the US once every six months just to maintain the permanent resident status. Does the fact that she is not in the US often affect the processing time or the case at all? Thank you.

[NigeriaorBust 4,087]

When it comes time for his interview they will check on your mothers status in the US. If she is not maintaining residence here they will deny your brother and may take your mothers green card away. Has she maintained a residence here and filed income taxes every year ?

[bibebok 0]

This is the first year she will file income taxes. Could you tell me any other ways to establish a residence here besides filing income taxes? Thank you.

[Transborderwife 4,666]

This is the first year she will file income taxes. Could you tell me any other ways to establish a residence here besides filing income taxes? Thank you.

Actually maintaining a residence here. You can lose your green card for failing to file taxes for ANY period of time.

[Boiler 46,144]

Job,housing, vehicle, usual stuff.

[apple21 953]

My mother is a permanent resident, and she has filed a petition for my brother to get here. My mother does not stay in the United States a lot because she has to manage her business in my country. She comes to the US once every six months just to maintain the permanent resident status. Does the fact that she is not in the US often affect the processing time or the case at all? Thank you.

How long has your mom been an LPR and doing this "practice"?

An LPR must remain more in the US than abroad in order to maintain residency. Does she have a house or lease/rent in the US? Car and insurance? Bank and credit card accounts?

[bibebok 0]

She has been permanent residence for one years. She only has bank account and credit card, and she lives with me when she is here.

[apple21 953]

How old is your brother when the petition was filed?

[Boiler 46,144]

When does she intend to move to the US?

[JohnR! 5,495]

It won't affect the case, provided your mother complies with the requirements to maintain her residence - greencard - in the US.

She needs to be aware of the following:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

My mother is a permanent resident, and she has filed a petition for my brother to get here. My mother does not stay in the United States a lot because she has to manage her business in my country. She comes to the US once every six months just to maintain the permanent resident status. Does the fact that she is not in the US often affect the processing time or the case at all? Thank you.

[NigeriaorBust 4,087]

The basic concept of residence is that you live in the US. Extended periods where you spend more time per rolling calendar year out of the US than inside may cause reexamination of your status as a resident. A pattern of returning every 6 months for short periods is a sure way to trigger such an examination of status. Working outside the US may also trigger this.

[bibebok 0]

Thank you for all the advices.

[chubbs 11]

Hi Bibebok,

I am in exactly the same situation as your mom. I petitioned my son under the F2B category in 2008 and I kept visiting my country and have been doing so for the past 6 years. I went to help my son with our family biz there. But, mostly I limited my stay for 3-5 months each time ( did that about 4 times) and once I applied for the 2 year extended stay with a re-entry permit and came back after 20 months. They did caution me once but that time I had broken my wrist while I was there and had the medical records to back it.

My son's PD is going to be current, maybe by this Feb-April and I have been here since May 2014 and I won't budge from here until he gets his GC. Meanwhile, the family started a biz here with me as one of the partners and we also bought a house which I jointly own with my husband. The bottom line is the sponsor must show intent to settle down here eventually. I am still a Permanent Resident and will apply for citizenship only after my son is here, as it would affect his PD if I would have done it earlier.

I do not think his case will be affected, but I will know soon.

[Ryan H 3,834]

**Post that was unnecessarily argumentative in nature and did not constructively contribute to the discussion removed.**