Parent dependent on US Government orders living abroad

[KIAR48 0]

I am living with my son-in-law who is stationed in Japan on US Government orders. I am listed on his orders as a dependent and on his letter of employment as a dependent. From reading I can only find that the exemption to extended living abroad applies to children dependents and not parent dependents, like me. Am I ok to keep living in Japan. I really have no way to live on my own in the States because I depend on them for everything.

Any help or reassurance is welcomed.

Thank you. 

[HRQX 4,145]

On 9/7/2021 at 1:39 AM, KIAR48 said:

Am I ok to keep living in Japan.

No. 8 CFR § 211.1(a)(6) does not apply to a dependent parent; 8 CFR § 211.1(a)(6): "A Form I-551, whether or not expired, presented by a civilian or military employee of the United States Government who was outside the United States pursuant to official orders, or by the spouse or child of such employee who resided abroad while the employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4 months the employee, returning to the United States"

 

https://jp.usembassy.gov/visas/immigrant-visas/active-duty-info/

https://japan2.usembassy.gov/pdfs/wwwf-visa-travelmemo-2019.pdf "provided that... the family member is NOT a dependent parent, parent-in-law, child over 21 years old, or ward"

[KIAR48 0]

5 hours ago, HRQX said:

No. 8 CFR § 211.1(a)(6) does not apply to a dependent parent; 8 CFR § 211.1(a)(6): "A Form I-551, whether or not expired, presented by a civilian or military employee of the United States Government who was outside the United States pursuant to official orders, or by the spouse or child of such employee who resided abroad while the employee or serviceperson was on overseas duty and who is preceding, accompanying or following to join within 4 months the employee, returning to the United States"

 

https://jp.usembassy.gov/visas/immigrant-visas/active-duty-info/

https://japan2.usembassy.gov/pdfs/wwwf-visa-travelmemo-2019.pdf "provided that... the family member is NOT a dependent parent, parent-in-law, child over 21 years old, or ward"

 

Thank you for the reply. Not really the news we wanted to hear but now at least we know. Is the best way to correct this to go through an immigration lawyer or is there no way to correct this?

[HRQX 4,145]

7 hours ago, KIAR48 said:

Is the best way to correct this

There's 2 options and you could ask a lawyer about them if you want:

• apply for a SB-1 visa before entering the US https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html
• file form I-407 by mail and then start IR-5 process from scratch months ahead of an anticipated move back to the US https://www.uscis.gov/i-407