Is it ok to bring a minor child here ( I-130 ) and then go back overseas to continue with their studies?

[Dean_De 61]

My son is still in the Philippines and he will be in College. He like to finish his Nursing ( I know there is a school for Nursing here. But it is more affordable to finish it in Philippines - just IMHO ). My question is, will it be possible to file an I-130 for him so he can come back and forth the US and Philippines ( when he is on on summer vacation and so from school ) and then go back when school starts in the Philippines?

Thank you!

[aaron2020 11,651]

Hi,

Yes, it's possible.

Two important things to consider; 1. Get a Re-Entry Permit so the time outside the U.S. Is not counted against the LPR and 2) Do not declare himself a resident of the foreign country (he is a resident of the US)

[Dean_De 61]

Hi,

Yes, it's possible.

Two important things to consider; 1. Get a Re-Entry Permit so the time outside the U.S. Is not counted against the LPR and 2) Do not declare himself a resident of the foreign country (he is a resident of the US)

about the Re-Entry Permit, does he need to apply every time he goes back to the Philippines?

What do you mean do not declare himself as a resident of the Foreign country?

Is there any useful link about the process of this Re-Entry permit?

Thank yo so much for your reply

[Boiler 43,363]

You may not need a re entry permit assuming he comes back for hols.

[aaron2020 11,651]

If he declares himself to be a resident of the Philippines to get lower tuition, then he risk losing his green card.

If he wants to keep the green card, then he can not be a resident of a foreign country.

Only one resident.

[apple21 953]

My son is still in the Philippines and he will be in College. He like to finish his Nursing ( I know there is a school for Nursing here. But it is more affordable to finish it in Philippines - just IMHO ). My question is, will it be possible to file an I-130 for him so he can come back and forth the US and Philippines ( when he is on on summer vacation and so from school ) and then go back when school starts in the Philippines?

Thank you!

How old is your son? Who's filing i130 for him? A USC parent?

[Boiler 43,363]

here are so many definitions of resident, I can see situations where it is quite possible to hold residency in two locations.

[Dean_De 61]

How old is your son? Who's filing i130 for him? A USC parent?

my son is 16 but will be turning 17 this year. The I-130 will be filed by my USC husband ( stepdad)

[apple21 953]

my son is 16 but will be turning 17 this year. The I-130 will be filed by my USC husband ( stepdad)

Good. Just make sure he files before your son's 21st birthday so he'll be under the IR2 category.

No sense filing now if his priority is studying.

[Dean_De 61]

Good. Just make sure he files before your son's 21st birthday so he'll be under the IR2 category.

No sense filing now if his priority is studying.

we just want him to visit the US when he is on break. And tourist visa is hard to attain when your a philippine Citizen let alone the fact that he is minor and a student

Edited March 28, 2015 by Dean_De

[ascertainLovE 165]

we just want him to visit the US when he is on break. And tourist visa is hard to attain when your a philippine Citizen let alone the fact that he is minor and a student

Is the plan for him to eventually live in the United States?

[Dean_De 61]

Is the plan for him to eventually live in the United States?

yes after he finish his studies

[apple21 953]

we just want him to visit the US when he is on break. And tourist visa is hard to attain when your a philippine Citizen let alone the fact that he is minor and a student

That's where the Re-Entry Permit will be needed in case he gets a GC.

Then again, no harm trying for the tourist visa. Just make sure he's currently enrolled when he applies. Who knows? Malay mo maka-chamba. $160 ain't going to break your bank.

Edited March 28, 2015 by apple21

[Dean_De 61]

That's where the Re-Entry Permit will be needed in case he gets a GC.

Then again, no harm trying for the tourist visa. Just make sure he's currently enrolled when he applies. Who knows? Malay mo maka-chamba. $160 ain't going to break your bank.

we are thinking of trying to have him apply for tourist visa too..pero d ba he should prove himself that he can support himself financially when he is here? Question is how can he prove that when he is yet a student? We can't apply for a tourist visa in his behalf right?

[apple21 953]

we are thinking of trying to have him apply for tourist visa too..pero d ba he should prove himself that he can support himself financially when he is here? Question is how can he prove that when he is yet a student? We can't apply for a tourist visa in his behalf right?

As a child he can't have that proof. All he can prove is he will return to the Philippines. Just take the chance. Wala naman mawawala. At least you've explored all possibilities before filing the i130. No regrets, no "what if"s.