Big Problem - advice needed

[VanessaTony 3,567]

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.Good grief.

So you're saying, technically, that she entered with the intent to adjust status (after he's a citizen of course)?

She came here with every intention not to leave because her bf was going to become a USC and she's eventually going to marry him and adjust her status. You could argue "actually she entered to study" and I'm sure that's true AS WELL but as the J-1 isn't a dual intent visa you're admitting she committed immigration fraud (and that you helped and are even happy about it) because her long-term plan (outside of studying) would be to marry and AOS thanks to her bf. Fraud.

Did she mention she had an LPR boyfriend who had a USC mother and step-father when she went for the visa?

[Gary and Alla 3,694]

So you're saying, technically, that she entered with the intent to adjust status (after he's a citizen of course)?

She came here with every intention not to leave because her bf was going to become a USC and she's eventually going to marry him and adjust her status. You could argue "actually she entered to study" and I'm sure that's true AS WELL but as the J-1 isn't a dual intent visa you're admitting she committed immigration fraud (and that you helped and are even happy about it) because her long-term plan (outside of studying) would be to marry and AOS thanks to her bf. Fraud.

Did she mention she had an LPR boyfriend who had a USC mother and step-father when she went for the visa?

She came to be a student at University of Houston with a paid scholarship and living stipend.

[VanessaTony 3,567]

She came to be a student at University of Houston with a paid scholarship and living stipend.

Of course that was her only intent on entering **wink wink**

Edited January 10, 2013 by Vanessa&Tony

[Gary and Alla 3,694]

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.

You are right essentially. His son had a pattern of being absent, which is perfectly accepatable for educational purposes, but did not have the means or ability (language) to explain it and to show he is maintaining residency. The CBP officer made his decision on the face of things, basically ignorant of the facts. So yes, at this point a re-entry permit would be desireable.

In addition to the documents suggested he carries, maybe a cover letter from you, Waitinggent, to explain everything. Have any documents from his school translated. He can then just hand over the folder with his passport and green card when entering.

If USCIS declines to issue a re-entry permit, because they say it is not needed (it really is not) then I would ask them for something in writing to clarify what you are doing upon re-entry

[Gary and Alla 3,694]

Of course that was her only intent on entering **wink wink**

And you are saying there is no LEGAL way for them to marry and adjust status? You know better.

1. Get married here, file I-130 and her return to Russia for her visa interview.

2. File an I-129f while she is legally here on her J-1 and return to Russia for her interview, return with her K-1 visa, marry and adjust status.

Since you know these things, your accusations are nothing more than personal attacks who were +1'd by ignorant people. Probably the same ones that said the OP's son can't get an education overseas.

I'll report this and if the mods enforce the TOS rules, then this response will go away along with the trash. If not, then at least you have been educated that people who enter the US for other purposes OR even with the intent to get married MAY get married and adjust status legally in several ways.

[Gary and Alla 3,694]

So you're saying, technically, that she entered with the intent to adjust status (after he's a citizen of course)?

She came here with every intention not to leave because her bf was going to become a USC and she's eventually going to marry him and adjust her status. You could argue "actually she entered to study" and I'm sure that's true AS WELL but as the J-1 isn't a dual intent visa you're admitting she committed immigration fraud (and that you helped and are even happy about it) because her long-term plan (outside of studying) would be to marry and AOS thanks to her bf. Fraud.

Did she mention she had an LPR boyfriend who had a USC mother and step-father when she went for the visa?

I said NONE of that. There are several legal ways for them to marry and adjust status. You know them and have concocted a scenario of fraud for no reason other than personal attack. In so doing you gave out very bad information to other members. It is irresponsible and wreckless, but I hope you had a nice little giggle over it.

Reported. You know better.

[Ban Hammer 12,845]

enough of the bickering. focus on answering the op's question.

[Penguin_ie 5,986]

**** One post removed for not heading previous mod warning. You may feel strongly about your opinion, but both sides have been stated. Enough. If you have nothing new to contribute to the Op's question, do not post. Thread bans and suspensions will be next ****

[Waitinggent 2]

Make an infopass appointment and ask them about an emergency AP (reentry permit) They can do one and send it overseas if needed so he can leave soon.

Sergey speaks excellent English, almost without an accent, so he has no trouble communicationg with CBP officers. Could be an issue? They need to understand from HIM why he is out of the country, maybe he cannot get that across to them? That said, this is something that needs planning and preparation, like anything else for an LPR. Each time Sergey returned he had the following documentation with him to show he had maintained his US residency.

1. Vermont Drivers License

2. Recent bank statements from Vermont bank, showing activity (it is how we sent him money)

3. Most recent tax return with w-2. (Sergey always had a summer/winter break job)

4. SSS (draft) registration card. A registration card is optional...get him one!

5. Registration at his Russian school AS A USA RESIDENT showing his address in Vermont as his HOME ADDRESS...translated. This is VERY important. He cannot be going to school there claiming to be a resident of another country. YES it means we paid foreign student tuition. It was still cheaper than an education here and a better institutuion. Since he is Ukrainian, not Russian, we would have paid foreign student tuition anyway. This always concerns me when LPRs attend school in their HOME country as often they are claiming to be residents of that country to get free or very low price tuition. Claiming to be a resident of another country will cause you to lose US residency. You should not only NOT claim to be a resident of another country but document that you ARE claiming to be a US resident while overseas. This is one of those things where you need to not only comply, but go out of your way to PROVE you are complying.

6. US issued credit card

7. US issued debit card (he got both of these from his credit union here)

8. Updated USCIS notices (if any) showing progress of his status, such as his receipt for application of Removal of Conditions

9. Copy of an AR-11 from 2010 showing he reported his change of address when we moved

He kept this all in a folder. Before he returned each time I made sure it was all updated, he printed 3 new bank statements online, I emailed him a recent tax return if needed (I was doing his returns for him online) and either skyped or called him a week before and made sure he had everything. Hand over this folder WITH his passport and green card when he arrives at POE. Sergey NEVER had a question asked, except stuff like what school he went to and if they had sports teams and other BS. He did this for four years of his 5 year Master's program (first year was before he became a US resident)

The trick to this is maintaining US residency. You have to show you are doing all you can to maintain US residency. It also means that he spends as much time in the US as possible, which means when he had winter break he returned here the day after his last class and returned the day before his first class. He didn't like that. So what? If he has a 2 month summer break, he is back in the US for 2 months. His winter break was about a month and was later than our universities take, usually all of January. He was back for a month and even worked during that time. (he has a job as a night stocker at the grocery store down the street and they are always short handed. They keep him as an "employee" on the books and he just works when he is here, they never object to another guy working at night and they pay him an extra $2 per hour to work nights)

Make an infopass and discuss it with USCIS, they can advise and do emergency AP if needed and will advise you what to answer on the forms

I just thought I'd close out this thread with what we have decided to do. We did an infopass at our local USCIS office in hopes of getting an emergency Reentry Permit, or getting biometrics done this week before he left which could be attached to his case when we get the biometric appointment letter. Failing that, we hoped to get some kind of letter from them stating that they were made aware of his plans to attend university abroad and they are supportive of his plans. Well, we got a no-can-do on all of it. What we did get was advice that we can efile the I-131 and bring the receipt in and do a walk-in biometrics before he leaves. I was skeptical of this because nobody on VJ mentioned this perfect solution. And after a little internet research, I found that the I-131 can only be efiled for an AP buy someone waiting for their green card and not for a re-entry permit. The officer did indicate that she thought it very unlikely that his green card would be confiscated for being away less than 6 months, and we told her about our plans to have him enter next time with his documents showing he is attending school, and she thought there would be no problem and that the customs officer may have been just trying to scare him - real nice!!!

So basically we are just going to file an unexpedited I-131 and have him leave as planned on Sunday to take his final exams next week and fly him in armed with him school documents: a letter from me stating the USCIS was made aware of his plans to continue his education abroad at his green card interview and they are supportive, and have him also carry his military registration, social security card, Michigan state I.D., health insurance card, and a copy of his NOA for the re-entry permit and his biometrics appointment letter for the re-entry permit for which he is entering the USA. And maybe also a statement from me that he has not taken up residence outside of the US because he is going to school in a country where he cannot continue to live once he finishes school. He is a Ukrainian citizen going to school in Russia and cannot live there when he is no longer a student,so this situation can only be temporary. I think all will be fine. My wife is even thinking of traveling to Russia and entering the USA with him because her English is much better than his. I think that is overkill, but we will see. Anyway, I feel good that all will work out fine.

Thanks again to all that tried to help and special thanks to Gary who has helped me and others countless times.