Big Problem - advice needed

[Gary and Alla 3,694]

you can't stay more then 6 months outside the country with a green card!!

Well, YES you can. During Sergey's four years of attending school in Russia as an LPR he stayed outside the US TWICE for more than 6 months. Once for 7 months and once for 11 months. He DID NOT have a re-entry permits. He was NEVER asked a question about this because he had every document needed to PROVE he maintained US residency WITH HIM each time he entered the USA. Please read the rules and procedures for maintaining US residency which spells out exactly what they look for.

Re-entry permits ARE required for stays MORE THAN 12 MONTHS and they MAY be required for stays LESS THAN 12 months. Or even less than 6 months.

Residency can be revoked for many reasons, the main one is that they believe you are not maintaining US residency. One can even stay outside the US for up to 24 months as an LPR with advanced permission. If you go outside the US and claim to be a resident of another country TODAY, they can revoke your US residency immediately

Please read the USCIS rules on "maintianing US residency"

CBP CANNOT revoke a green card (they can HOLD one) That decision is made by USCIS and ultimately an immigration court if challenged.

This is a simple matter of planning and preparation and nothing else. MANY people do it, many people here on VJ do it. Done properly, it will not even affect your eligibility for citizenship.

[Gary and Alla 3,694]

At my stepson's green card interview, we explained our plans for my stepson to finish his degree abroad and were told by the interviewer that it would be fine as long as he didn't stay out of the country for 6 months, so we saw no reason to get a re-entry permit, and he has never been gone 6 months. But I am afraid you are right about the situation. And in reading online, it seems that the re-entry permit is not even a guarantee, although they say it is unusual for someone with a re-entry permit to be denied entry. And, as I understand it, the re-entry permit allows multiple re-entries. I can't imagine having to apply for a re-entry permit every time he is coming to the USA.

I think that tomorrow I will call customs at our airport here is Detroit, and see if we can get a meeting with someone and talk to them about unflagging my stepson so he can re-enter one more time for his biometrics. Maybe they will have some sympathy for our situation as it is not so strange for an American to go to a university in another country, especially one that they have already been going to before they received their green card. I guess the worst case is he misses a semester of school, loses his tuition money, and I pay rent on an apartment that he won't need until the fall.

Before Sergey arrived (K-2 to follow) I made an infopass appointment and discussed everything with USCIS. He was arriving in June, needed to go back in September, would be gone for 10 months, etc. What to do? They not only told me exactly what to do to get him an emergency AP, without asking, they said to bring in his NOA1 from his I-485 and said they would expedite it for us (they did). They were just great throughout this.

Sergey happened to be home at the time Alla went for her citizenship interview, and employees there asked how his education was going, etc. They were just a great help. They ADVISED it would be better for him NOT to stay gone more than 6 months at a time but never said he CANNOT, and he DID on two occasions but we finally but a stop to that. I preferred it that way. He was never challenged about it though

I am glad we did this for him. I do not say it is easy but the kid now has a truly world class education and was thrown a fully paid doctorate at Rice University (in the USA) due to his excellent credentials. He is going to have a world class education as a Physicist, speak four language fluently and have dual citizenship...and he is not a bad looking guy! The best you can do for your children, Waitinggent, is to offer them the best OPPORTUNITIES in life that you can. You are doing that and I say "Good for you!"

Sorry girls, Dasha (his Moscow college girlfriend) already snapped him up and arrived Friday on her J-1 visa for a doctorate at the University of Houston. He will get citizenship in 2014 and I predict an early wedding.

Edited January 9, 2013 by Gary and Alla

[dwheels76 5,468]

Sorry girls, Dasha (his Moscow college girlfriend) already snapped him up and arrived Friday on her J-1 visa for a doctorate at the University of Houston. He will get citizenship in 2014 and I predict an early wedding.

LOL too cute. You guys need to write a book or blog. This thread was very informative. How cool is that.

And WOW your son and future daughter in law just down the street from me. So cool. Congratulations.

[Waitinggent 2]

Well, YES you can. During Sergey's four years of attending school in Russia as an LPR he stayed outside the US TWICE for more than 6 months. Once for 7 months and once for 11 months. He DID NOT have a re-entry permits. He was NEVER asked a question about this because he had every document needed to PROVE he maintained US residency WITH HIM each time he entered the USA. Please read the rules and procedures for maintaining US residency which spells out exactly what they look for.

Re-entry permits ARE required for stays MORE THAN 12 MONTHS and they MAY be required for stays LESS THAN 12 months. Or even less than 6 months.

Residency can be revoked for many reasons, the main one is that they believe you are not maintaining US residency. One can even stay outside the US for up to 24 months as an LPR with advanced permission. If you go outside the US and claim to be a resident of another country TODAY, they can revoke your US residency immediately

Please read the USCIS rules on "maintianing US residency"

CBP CANNOT revoke a green card (they can HOLD one) That decision is made by USCIS and ultimately an immigration court if challenged.

This is a simple matter of planning and preparation and nothing else. MANY people do it, many people here on VJ do it. Done properly, it will not even affect your eligibility for citizenship.

So Sergey stayed out for 11 months and was never questioned, and my stepson was out for 4.5 months and got nailed. Guess he just got in the wrong line at passport control. That's life. Congratulations on Sergey's success. You are justifiably proud.

[Gary and Alla 3,694]

So Sergey stayed out for 11 months and was never questioned, and my stepson was out for 4.5 months and got nailed. Guess he just got in the wrong line at passport control. That's life. Congratulations on Sergey's success. You are justifiably proud.

Each CBP guy can make his own issues I suppose, and they CAN refuse entry to the USA. The 11 month absence was his first as an LPR and re-entry permits are not required for stays of less than 12 months, so this guy just let it go. Heck, we get grilled every time we come back from Canada for a 3-4 hour visit. Go figure.

Just prepare well for THAT guy.

[canadian_wife 1,822]

CBP officer is uninformed, not correct. It is entirely possible for an LPR to attend school outside the US. Unfortuantely uninformed people cause a lot of trouble and the LPR needs to be armed against that.

I see, then what is the point of the LPR status if one is living outside the country?

Just asking

[kzielu 1,149]

I see, then what is the point of the LPR status if one is living outside the country?

Just asking

And don't you think that the whole maintaining residency thing with bunch of docs and going to work for 2 months is somewhat close to cheating ?

Also attending school (sometimes for free) in a country that one is about to leave behind doesn't seem to be very fair either ;-)

(Sorry - my 2 cents)

[Gary and Alla 3,694]

I see, then what is the point of the LPR status if one is living outside the country?

Just asking

You apparently moved here without having to concern yourself with children. Minor detail. Just sayin'

Attending school is not "living" outside the country. If a child eventually wants top live in the same cou8ntry as their parent(s) but has a great opportunity for an education outside the country, what would be the point of stopping them? Right. Exactly why USCIS allows it.

Edited January 10, 2013 by Gary and Alla

[Gary and Alla 3,694]

And don't you think that the whole maintaining residency thing with bunch of docs and going to work for 2 months is somewhat close to cheating ?

Also attending school (sometimes for free) in a country that one is about to leave behind doesn't seem to be very fair either ;-)

(Sorry - my 2 cents)

"bunch of docs"???? You mean a drivers license, and draft registration? And paying taxes? And having a credit rating? Those "docs"? It is not cheating, nor is it "close to cheating" whatever that means. It is in compliance with the law.

Maybe we should eliminate K-1s and CR-1s for people with children? That would be fair, right? eliminates any possibility of children benefitting from their parents decisions. Yeah, that's fair. And while we are at it, if a K-1 has a baby in the US the baby should be deported because they are just benefitting without doing anything. Yeah, that's fair.

In our case our son is now in the USA completing a doctoral (with fully paid tuition, living stipend and assistantship no less) in a top rated US science university. Yeee haaaa! And now his girlfriend is here on a J-1 studying with paid tuition and living stipend and when he gets his citizenship they will marry and she will adjust status and become a citizen herself 3 years later. And their children will be US citizens. HOLY SMOKES! We had to pay when he was in Russia, now he gets it FREE!

AND Alla is now a citizen and has petitioned her MOTHER who will be here this summer! OMG! We need to eliminate benefits for anyone with children OR parents!

Good grief.

Edited January 10, 2013 by Gary and Alla

[Gary and Alla 3,694]

I see, then what is the point of the LPR status if one is living outside the country?

Just asking

Seriously? So he could finish his education in the USA for FREE at a top university and become a citizen and petition his girlfriend from Russia. THAT's why.

[Waitinggent 2]

Thanks to all who offered their help, and wish me luck in getting the emergency re-entry permit at our infopass. My stepson has his final exams for

the first semester of his 3rd year in less than 2 weeks. I hope he won't be forced to miss them when he has done nothing wrong. Speaking of

"unfair", that would be unfair.

And I echo your comments, Gary. Nobody is being harmed or cheated by our allowing our stepchildren to complete their education before coming to

live here permanently. Why should they have to give up their plans because of decisions that we make. And having my stepson continue at his

university in St. Petersburg is hardly cheating anyone. It is costing me a fortune to rent him an apartment in that expensive city, pay his tuition

and all of his expenses, and fly him overseas every time he has a break. I'll save a ton of money when he comes to live here.

[VanessaTony 3,567]

you can't stay more then 6 months outside the country with a green card!!

Actually yes you CAN. Over 6 months they can use your time against you, over 12 your status is revoked if you dont have a re-entry permit.

The OP's son is showing a continuous pattern of travel spending more time outside the US than in, and not maintaining his status. Likely his poor English skills exacerbated the problem in that he couldn't explain properly what was going on or how he was maintaining his status. Now he has the problem of being flagged.

He should apply for a re-entry permit to use for the final 10 months and hope for the best... or consider deferring a year or something.

[Gary and Alla 3,694]

Thanks to all who offered their help, and wish me luck in getting the emergency re-entry permit at our infopass. My stepson has his final exams for

the first semester of his 3rd year in less than 2 weeks. I hope he won't be forced to miss them when he has done nothing wrong. Speaking of

"unfair", that would be unfair.

And I echo your comments, Gary. Nobody is being harmed or cheated by our allowing our stepchildren to complete their education before coming to

live here permanently. Why should they have to give up their plans because of decisions that we make. And having my stepson continue at his

university in St. Petersburg is hardly cheating anyone. It is costing me a fortune to rent him an apartment in that expensive city, pay his tuition

and all of his expenses, and fly him overseas every time he has a break. I'll save a ton of money when he comes to live here.

Spoken like an adult that is happy when someone does the same thing they are...successfully.

I can tell you that the benefit of the children were always in our minds and hearts and everything for them was arranged ahead of even filing the I-129f, as they should be.

I also spent -0- time reviewing "igor's list" or useless USCIS sites that just say "intial review" (and still do in our case) Sergey was all set and Alla started an MA program with a 50% private grant 5 days after her arrival.

You are doing the right thing!

[canadian_wife 1,822]

Seriously? So he could finish his education in the USA for FREE at a top university and become a citizen and petition his girlfriend from Russia. THAT's why.

You know, you sound defensive. I was actually just asking a question as I didn't honestly know the answer.

And no, I don't have children so that's why I was asking. You make it sound like moving here without children thus not having to "concern" myself with them bad.

Next time, a simple answer is OK. I value your opinion but not the negativity

Edited January 10, 2013 by canadian_wife

[Gary and Alla 3,694]

You know, you sound defensive. I was actually just asking a question as I didn't honestly know the answer.

And no, I don't have children so that's why I was asking. You make it sound like moving here without children thus not having to "concern" myself with them bad.

Next time, a simple answer is OK. I value your opinion but not the negativity

Apology accepted.

Advice that amounts to "Well, sorry, too bad for you and your son" from persons who know nothing about either sons or education as an LPR is negative. Comments of "what's the point?" Of what? A world class education? US citizenship? Are negative "Simple questions" which spark more comments by discriminatory ne'er do wells who become increasingly less "simple" in their implications...are negative

Correct answers and useful guidance...and frank discussion are not negative, I make no apologies for giving my children the best possible and working hard at it and if that means they do better in life than other people or their children, I think that is GREAT!

However, if I am wrong and correct answers, and sound advice are "negativity" as opposed to simply being wrong and telling people "Too bad for you and your kids" ...then I prefer to be negative.

I find it incredibly strange that at a website for helping people in the family immigration process there would be such ignorance of the value of US residency and citizenship OR, even more disturbing, a provactive suggestion that children not be included, educated, or have opportunities beyond, what?, wiping tables at IHOP?

I believe the correct response to discovering I have been in error is to "simply" say "Sorry, I stand corrected"

I wish the OP the best for his family and children and I am very pleased to be able to comment with some experience on the issue. I wish all people in this challenging (well, for some, challenging, for others it is like moving from Wisconsin) effort called LIFE further complicated by language, culture (for some), USCIS and lousy bread.