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dallastexas83

SOFA status for my dad possibly?

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Filed: IR-5 Country: Philippines
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Here is our scenario;

my husband got a job here in OKinawa, Japan as a Federal employee stationed abroad, so me along with my daughter got a SOFA Status being a spouse/child of a federal employee stationed abroad. But before we left the States, I petitioned my dad whose from the Philippines to supposedly join us in the U.S. (before husband got a federal job offer). Now, the petition progressed and my dad made it to the interview for his immigrant visa and is awaiting for his immigrant visa delivery. Now, we went to legal office yesterday and told us that my dad can live with us;In accordance with Art I©(2) of SOFA, "Parents and children over 21, if dependent for over half their support upon a member of the United States armed forces or civilian component." So your father could technically stay here if he is in fact dependent on you for half of his support.

In regards to immigration proceedings, in case of military dependents (spouses and unmarried children) whose spouse or parent is serving overseas on orders are considered to be constructively residing in and physically present in the U.S. regardless of the duration of the absence if they fill out Form N-470. This however does not apply to your situation, and your father would not be able to live here if he wants to become a permanent resident of the United States. You might want to talk to an immigration attorney who deals with these issues on a daily basis, maybe he/she knows of some provision that might let your father live in Okinawa, but from what I have researched that is unlikely."

Is there anyone in here whose in the same situation? I really want to be with my dad and keep him with us. But I also don't want to compromise his immigration status? So, is there someone whose able to get a SOFA status for their dad/mom? I plan to pay a visit/talk to US Embassy in Naha, Japan and see what they can tell me.Thank you very much..

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