Permenant Resident filling for minor son

[chandrama 0]

Hi

My mon entered and became permenant resident of US on July 2011 and immideatily applied I-130 petition for my brother who is below 21 in India (under F2A catagory)

Now after that my mother left for India in November 2011 with 2 years permit (Travel Document) because she is working there

now because she is not living and working in USA will that make any impact on i-130 petition for my brother?

please send me the correct answer

[Kathryn41 3,205]

Topic has been moved from the Immigration News forum to Bringing Family Members of PR to America as a more appropriate location for this discussion

[JimVaPhuong 4,863]

Hi

My mon entered and became permenant resident of US on July 2011 and immideatily applied I-130 petition for my brother who is below 21 in India (under F2A catagory)

Now after that my mother left for India in November 2011 with 2 years permit (Travel Document) because she is working there

now because she is not living and working in USA will that make any impact on i-130 petition for my brother?

please send me the correct answer

Is she working for a US company or an Indian company? Is the nature of her employment in India temporary, and can she produce evidence to prove this, such as an employment contract? Has she maintained a residence in the United States, and can she prove it? Has she maintained her ties to the United States, and can she prove it? Will she file tax returns in the United States declaring her foreign earned income?

The first problem she might face is if CBP concludes she's abandoned her residency in order to work abroad. If they revoke her green card then that would kill any petitions she's filed.

The second problem she might face is the affidavit of support. She is required to be domiciled in the United States, both at the time the affidavit of support is submitted and for the foreseeable future.

Another VJ member recently told me about a very similar situation with a friend of his. His friend's father, an LPR, had returned to his home country after having a obtained a reentry permit. He had filed an F2A petition for his minor unmarried son. The son got a 221(g) notice requesting proof that his factor was domiciled in the United States. When dad was in the US he was living with his other son, a US citizen. Dad has no apparent domicile of his own, nor any other solid ties to the United States. If the consular officer concludes he's no longer domiciled in the US then the CO could also conclude that dad has abandoned his residency in the US. Not only would his son's visa be denied, but dad could have a difficult time getting back into the US. CBP might take his green card and schedule him for a date with an immigration judge.

Tell your mom to file her tax returns on time, and get herself back to the US before she submits the affidavit of support.

[RICARDO4EVA2 194]

Hi

My mon entered and became permenant resident of US on July 2011 and immideatily applied I-130 petition for my brother who is below 21 in India (under F2A catagory)

Now after that my mother left for India in November 2011 with 2 years permit (Travel Document) because she is working there

now because she is not living and working in USA will that make any impact on i-130 petition for my brother?

please send me the correct answer

So it has been about 7 months since your mother became a permanent resident. When did your mother leave the USA...?? i fully understand you/your case and I can relate. My Mother/Father got their Green Cards back in December 2010 and like your brother.. they immediately filed a petitioned for my brother while he was in the USA. They all left about 2 1/2 weeks after (NOA1 didnt even come as yet). and since then my mother has resided overseas with my brother for the last 1 year and 2 months while his case is pending. She has since traveled to the USA about 4-5 times since she got the green card. She's working / temp. living overseas.. however is maintaining her US residence. She's still actively selling her properties.. opened US Accounts.. about to file her US Taxes and is making preparations to come here fully. She left the USA on Jan. 3, 2012 and she'll be back in April 2012

Now I'm not suggesting that your mom do the same (others are quick to say something) Instead I'm just saying you'll be fine with the I-130.

[chandrama 0]

THank you very much for your reply

Now My mom is working in Permenanat position in India (She is a teacher since last 30 years in India)

She left the USA with 2-years re-entry permit and she did not open any bankacount nor she worked in USA. She did not file her tax income form for this year because she did not work here.

She lived with me (I am her older Son) and when she will be back still she will live with me so isn't my home is her domiciled in US?

Because of her physical limitation she could not work in USA so now is she not be able to file for affidavite of support for my brother?

I thought even if you dont work here if you have other asset (like money in bank account or jewelery) then you can file affidivate of support with co-sponcer.

And she has 2 years reentry permit so if she will be back in 2 years then she will keep her Green Card because she is not violating any rule.

She also has a reason to live in India that she needs to take care her mom who is very ill.

will this work for her or she has to work in USA ?

[aaron2020 11,651]

THank you very much for your reply

Now My mom is working in Permenanat position in India (She is a teacher since last 30 years in India)

Did your mom immigrate to the US for the sole purpose of obtaining her green card so she can file for your brother? Seems like, she came to the US for that purpose, got a reentry permit, and left to continue her old life in India. This is not what a green card is for. A green card is for someone to come live permanently in the US. It is not for someone to continue living her old life while enjoying the benefits of being a green card holder.

She left the USA with 2-years re-entry permit and she did not open any bankacount nor she worked in USA. She did not file her tax income form for this year because she did not work here.

US laws requires all Legal Permanent Residents to file US tax returns on their worldwide income. As an LPR, she must report her Indian income to the IRS. It doesn't matter that she has no income from the US. She needs to file US tax returns because of her Indian income.

She lived with me (I am her older Son) and when she will be back still she will live with me so isn't my home is her domiciled in US?

No. Her domicile is her permanent resident. Using your address while she is in the US is not enough. It has to be her permanent home in order to be her domicile.

Because of her physical limitation she could not work in USA so now is she not be able to file for affidavite of support for my brother?

It doesn't matter if she has a physical limitation. It doesn't seem to stop her from working in India.

An LPR is suppose to work and live permanently in the US. If your mom wanted to stay and work in India, she shouldn't have immigrated to the US.

To file the Affidavit of Support, she will need to show a US domicile.

I thought even if you dont work here if you have other asset (like money in bank account or jewelery) then you can file affidivate of support with co-sponcer.

And she has 2 years reentry permit so if she will be back in 2 years then she will keep her Green Card because she is not violating any rule.

The co-sponsor (Joint Sponsor or Household Member) meets the financial requirements. Your mom still needs to meet all the other obligations as an LPR, and she currently does not. She has no ties to the US except for you and your address. She has made no attempt to make the US her permanent home.

The re-entry permit is not an automatic "maintain LPR status" permit. It means that the time an LPR is outside the US is not counted against the LPR for abandoning her LPR status. Working permanently in India, living permanently in India, and the failure to file US tax returns are going to count against her. She could be deemed to have abandoned her LPR status by going back to India to resume her old life.

She also has a reason to live in India that she needs to take care her mom who is very ill.

will this work for her or she has to work in USA ?

No. If her mother needed her, then she shouldn't have immigrated to the US in the first place. There is no excuse for her to return home.

----------------

Essentially, your mother wants the benefit of being an LPR so she can petition your brother. She has no intention of living in the US. She intends to stick to her old live as a teacher in India like she has for the last 30 years. She ignores her obligation as an LPR to live in the US and file US taxes.

It's not going to be good if the domicile issue and her maintaining her LPR status comes up in your brother's interview.

If your mother signs anything that asserts she is an Indian resident, USCIS will conclude she abandoned her LPR status. LPRs are not suppose to be residents of other countries.