IR-2 biological child of US citizen; question on I-131

[Gawain 23]

Hello,

My child is above 18 but under 21 and she did not arrive to the United States yet.  We still have to complete the medical exam and the visa interview.  Please let me know if the following statements are correct:

 

• As I understand it, if she were under 18 she would aquire citizenship upon setting foot in the United States. 
• She is over 18 so upon arrival they will put a permanent resident 551 "stamp" in her passport.
• With the 551 stamp, she can come and go freely (in and out of United States).
• As long as she doesn't stay outside of United States for a year or more, she will not be deemed to have abandoned her application.

 

Question: Is there any point at all in applying for an I-131 Advance Parole, as long as she comes back every few months?  She will be attending college abroad.  It is my understanding that if we file the I-131, then she cannot leave the country until a determination is made.  She can't wait 3 months for the document to be ready -- as she will miss some of her classes.  So I would rather just not apply as long as she can travel back and forth anyway.  I hope this question makes sense, what I'm trying to ask.

 

Thanks.

 

 

[Timona 4,207]

28 minutes ago, Gawain said:

Hello,

My child is above 18 but under 21 and she did not arrive to the United States yet.  We still have to complete the medical exam and the visa interview.  Please let me know if the following statements are correct:

 

• As I understand it, if she were under 18 she would aquire citizenship upon setting foot in the United States. No. Only if you Naturalized before she turned 18
• She is over 18 so upon arrival they will put a permanent resident 551 "stamp" in her passport. Yes 
• With the 551 stamp, she can come and go freely (in and out of United States). Yes
• As long as she doesn't stay outside of United States for a year or more, she will not be deemed to have abandoned her application. Yes. 

 

Question: Is there any point at all in applying for an I-131 Advance Parole, as long as she comes back every few months?  She will be attending college abroad.  It is my understanding that if we file the I-131, then she cannot leave the country until a determination is made.  She can't wait 3 months for the document to be ready -- as she will miss some of her classes.  So I would rather just not apply as long as she can travel back and forth anyway.  I hope this question makes sense, what I'm trying to ask.

 

Thanks.

 

 

 

 

I think you only need to file and receive the I-131 receipt before departure. You can get the card and deliver it to her when you visit or when a trusted friend goes. 

 

Currently, it's taking 6-8 months to get AP issued. 

 

When she enters, she gets the stamp and I believe within 3 months, she should have her GC. 

Edited January 31, 2022 by Timona

[Gawain 23]

That was my follow-up question.

"Or simply file for I-131 and let her leave, then I bring it to her...?"  Thank you.

 

Is there any point to it other than the $500+ fee amount?  I mean - on a green card she can come and go.  I could deliver the green card to her.  Would an immigrant daughter even need I-131 if she has a Green Card issued?

 

 

 

 

 

[Timona 4,207]

1 hour ago, Gawain said:

That was my follow-up question.

"Or simply file for I-131 and let her leave, then I bring it to her...?"  Thank you.

 

Is there any point to it other than the $500+ fee amount?  I mean - on a green card she can come and go.  I could deliver the green card to her.  Would an immigrant daughter even need I-131 if she has a Green Card issued?

 

The I-131 is just to secure her entry should she leave for a long time/ multiple times. That's how best I can explain it. 

 

This was discussed in depth yesterday. I cannot recall who had the best analogy. Lemme look for that thread

 

Got him. @iwannaplay54 I believe this is your territory. Please help us here.

 

Edited January 31, 2022 by Timona

[jan22 3,053]

On 1/30/2022 at 7:05 PM, Gawain said:

. . .

Question: Is there any point at all in applying for an I-131 Advance Parole, as long as she comes back every few months?  She will be attending college abroad.  It is my understanding that if we file the I-131, then she cannot leave the country until a determination is made.  She can't wait 3 months for the document to be ready -- as she will miss some of her classes.  So I would rather just not apply as long as she can travel back and forth anyway.  I hope this question makes sense, what I'm trying to ask.

 

Thanks.

 

 

Just to clarify, if she enters the US and becomes a Legal Permanent Resident, she does not need nor qualify for Advance Parole (AP).  AP is for people who are adjusting to immigrant status in the US or are in a specific protected status in the US and need to travel overseas -- because they are not LPRs, they have no means to re-enter the US without the AP. 

 

What your daughter would benefit from is filing for a Re-entry Permit.  This document is for LPRs who need to spend significant time outside the US and want/need to show they do not intend to abandon their residency.  It is valid for two years and can usually be renewed at least once.  With the Re-entry Permit, there would be no problem with long periods of stay outside the US or with repeated months-long stays out of the US follIwed with a few weeks stays in the US. 

 

The confusion comes because both AP and Re-entry Permits are requested by filing the I-131.  You just need to make sure you use the form to request the right document.  With the Re-Entry Permit,  your daughter needs to file the form and wait until she gets biometrics (i.e., fingerprints) taken before she leaves the US.  She can then leave the US and have the permit sent to the US Embassy/Consulate in her country for her to pick up.

[Ontarkie 14,221]

~~Moved to Working and Traveling from US Citizenship General Discussion - the OP is asking about returning to college after entry and 551 PR stamp~~