Question about I-601

[Jin_Zheng 0]

Hello Everyone

I also received I-601 today and confused whether this notice applies to my dad or not. I'm the petitioner(US citizen) and my dad is the applicant who's living in China.

My dad came to the US 1997 and lived here unlawfully until he got his green card 2002. Since 2002 he was a legal resident. He left USA in 2008 and was still a green card holder. (since he was not able to come back to the states within 6 months due to financial issues, he's green card has expired. no criminal reasons though.)

The email says " This notice applies to you if you are currently in the United States, are or HAVE BEEN unlawfully present"....

So does this notice apply to my dad? He used to live here unlawfully but was able to get green card later....

Any replies would be greatly appreciated.

Jin

[Darnell 8,478]

This is a part of the big spam email that NVC has been sending out.

No worries about it, unless you actually have a new petition and new immigrant visa in play for him, at the moment.

Whats the status of any paperwork you've filed for him in 2012 ?

[Jin_Zheng 0]

This is a part of the big spam email that NVC has been sending out.

No worries about it, unless you actually have a new petition and new immigrant visa in play for him, at the moment.

Whats the status of any paperwork you've filed for him in 2012 ?

Thank you for the reply! I have finished submitting ds230 with civil documents.

[Darnell 8,478]

If he has no need for a waiver (with this submittal)

then the need for a waiver doesn't apply to you.

here's why you got it, though.

http://www.visajourney.com/forums/topic/406819-nvc-filers-january-2013/page__view__findpost__p__5901266

[Jin_Zheng 0]

Thank you so much Darnell!

[bigdog 376]

He is out of US since 2008?

What if my trip abroad will last longer than 1 year?

If you plan on being absent from the United States for longer than a year, it is advisable to first apply for a reentry permit on Form I-131. Obtaining a reentry permit prior to leaving the United States allows a permanent or conditional permanent resident to apply for admission into the United States during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. Please note that it does not guarantee entry into the United States upon your return as you must first be determined to be admissible; however, it will assist you in establishing your intention to permanently reside in the United States. For more information, see the “Travel Documents” link to the left under “Green Card Processes & Procedures.”

If you remain outside of the United States for more than 2 years, any reentry permit granted before your departure from the United States will have expired. In this case, it is advisable to consider applying for a returning resident visa (SB-1) at the nearest U.S. Embassy or Consulate. An SB-1 applicant will be required to establish eligibility for an immigrant visa and will need a medical exam. There is an exception to this process for the spouse or child of either a member of the U.S. Armed Forces or civilian employee of the U.S. Government stationed abroad on official orders. For more information on obtaining a returning resident visa, see the Department of State’s webpage on returning resident visas at www.travel.state.gov. This information is listed under its Visa section for immigrants.

Additionally, absences from the United States of six months or more may disrupt the continuous residency required for naturalization. If your absence is one year or longer and you wish to preserve your continuous residency in the United States for naturalization purposes, you may file an Application to Preserve Residence for Naturalization Purposes on Form N-470. For more information, please see the “Continuous Residence and Physical Presence Requirements” under the Naturalization section of this website.