Re application

[Helen Quail 28]

Hi all, Thank you again for this wonderful community.

So here is my question. We (myself and four children 10 -18) have our 2 year green cards (yay!) since April 19. So timescale for  waiving conditions is Jan 21 and if we want to pursue citizenship from September 21.

My 16 (almost 17) year old son is unhappy and wants to pursue studies and work in Scotland.

I am aware of the conditions on how much time to be out of US and that we all are expected to be primarily building a life here. My intention so far is to support him to get through the best he can the next year or two then if we are ultimately fortunate enough to have citizenship he can make choices at the age of 19 or so and will be more mature in them.

 

My  question is that IF he goes back to Scotland for a longer time eg 1 year (and is deemed to have broken the terms of the green card)

1. Could he re apply? Would there be much possibility of that being successful with such a history?

2. Would it still be under K1/K3 or..?

 

I KNOW we are so very fortunate to have our green cards so I want to support him in making it work as best we can. Your wisdom is appreciated!

 

Thank you

[Boiler 43,434]

Under current rules then you could sponsor him for a GC in the future, with a GC you can sponsor an unmarried child ans a USC you can sponsor a married child as well.

 

Assuming he leaves then he should complete the I 407 to formally abandon his status. Might want to look at Studies etc, may be classified as no resident and have to pay higher fees.

[p-ana 933]

Look into reentry permit

[Helen Quail 28]

On 7/10/2019 at 4:11 PM, Boiler said:

Under current rules then you could sponsor him for a GC in the future, with a GC you can sponsor an unmarried child ans a USC you can sponsor a married child as well.

 

Assuming he leaves then he should complete the I 407 to formally abandon his status. Might want to look at Studies etc, may be classified as no resident and have to pay higher fees.

Thanks. But would have to meet all the income requirements again right?

[Boiler 43,434]

3 minutes ago, Helen Quail said:

Thanks. But would have to meet all the income requirements again right?

You would need to submit an I 864 as part of the process, same as was done when you adjusted.

[Helen Quail 28]

1 minute ago, Boiler said:

You would need to submit an I 864 as part of the process, same as was done when you adjusted.

yes, thanks. 

Someone else suggested looking at re-entry permits. He already has an 131 but that doesn't supercede the requirement not to be gone for a year or more. I just looked in n-470 but that's only essential overseas employment.

It seems that IF we did have to abandon and re-apply - which I really hope not! - there is apparently no prejudice against future applications

[Boiler 43,434]

5 minutes ago, Helen Quail said:

yes, thanks. 

Someone else suggested looking at re-entry permits. He already has an 131 but that doesn't supercede the requirement not to be gone for a year or more. I just looked in n-470 but that's only essential overseas employment.

It seems that IF we did have to abandon and re-apply - which I really hope not! - there is apparently no prejudice against future applications

Well I did not mention a re entry permit as it did not seem appropriate, basically he would be saying he is remaining a US resident, subject to US taxation, Selective Service etc etc and is visiting the UK, then of course there is the issue with Education, NHS etc as a visitor.

[Nitas_man 3,100]

On 7/10/2019 at 5:53 PM, Helen Quail said:

Hi all, Thank you again for this wonderful community.

So here is my question. We (myself and four children 10 -18) have our 2 year green cards (yay!) since April 19. So timescale for  waiving conditions is Jan 21 and if we want to pursue citizenship from September 21.

My 16 (almost 17) year old son is unhappy and wants to pursue studies and work in Scotland.

I am aware of the conditions on how much time to be out of US and that we all are expected to be primarily building a life here. My intention so far is to support him to get through the best he can the next year or two then if we are ultimately fortunate enough to have citizenship he can make choices at the age of 19 or so and will be more mature in them.

 

My  question is that IF he goes back to Scotland for a longer time eg 1 year (and is deemed to have broken the terms of the green card)

1. Could he re apply? Would there be much possibility of that being successful with such a history?

2. Would it still be under K1/K3 or..?

 

I KNOW we are so very fortunate to have our green cards so I want to support him in making it work as best we can. Your wisdom is appreciated!

 

Thank you

I would suggest obtaining a travel document for him to work/attend school and lift conditions when it is time to do so.

 

A travel document does not have conditions attached.  It is considered de facto proof of intent to maintain US residency.

 

As to working in Scotland and filing taxes he would file taxes in both places and in the case of the US take the foreign earned income exclusion on the first $100k he makes anyway.

 

He can apply, do the biometrics, and leave.  The travel document can be issued through the nearest US embassy or consulate.

Edited July 14, 2019 by Nitas_man

[Nitas_man 3,100]

4 hours ago, Helen Quail said:

yes, thanks. 

Someone else suggested looking at re-entry permits. He already has an 131 but that doesn't supercede the requirement not to be gone for a year or more. 

A travel document allows a green card holder to be out of the US for 2 years.

On entry no questions are asked.

[Helen Quail 28]

3 hours ago, Nitas_man said:

A travel document allows a green card holder to be out of the US for 2 years.

On entry no questions are asked.

Wow. This is entirely news to me . So is this the same as the 131 - advance parole ? Or something different and if so what? 

Thanks in advance.

[Boiler 43,434]

On 7/10/2019 at 5:18 PM, p-ana said:

Look into reentry permit

It was mentioned on Wednesday.

[Nitas_man 3,100]

31 minutes ago, Helen Quail said:

Wow. This is entirely news to me . So is this the same as the 131 - advance parole ? Or something different and if so what? 

Thanks in advance.

It is an I-131 but it is for greencard holders who need to be outside the US for over a year.

 

I don’t know what an AP document looks like but a travel document looks like a little passport book.

 

You apply, do biometrics, you can leave. It expires either when the green card expires or in two years.

 

https://www.uscis.gov/travel-documents

 

You want a re-entry permit

Edited July 14, 2019 by Nitas_man

[Helen Quail 28]

On 7/13/2019 at 10:14 PM, Nitas_man said:

It is an I-131 but it is for greencard holders who need to be outside the US for over a year.

 

I don’t know what an AP document looks like but a travel document looks like a little passport book.

 

You apply, do biometrics, you can leave. It expires either when the green card expires or in two years.

 

https://www.uscis.gov/travel-documents

 

You want a re-entry permit

Fantastic. Thank you. This would be our best option for not losing his status.

And you are saying its ok just to apply and leave even before it is approved?

HI s greend card at present is until April 2021 so I guess it would go until then.

There doesn't seem to be any special conditions on it. I'm amazed I haven't heard of this before but then the US immigration system is a "wealth" of things to discover lol

Thank you so much .

[Helen Quail 28]

On 7/10/2019 at 4:18 PM, p-ana said:

Look into reentry permit

No I've learned about this it looks promising.  I'm amazed I've not heard about this in discussions about being out of the country  for extended periods before.

Thank you!

[Nitas_man 3,100]

5 hours ago, Helen Quail said:

Fantastic. Thank you. This would be our best option for not losing his status.

And you are saying its ok just to apply and leave even before it is approved?

HI s greend card at present is until April 2021 so I guess it would go until then.

There doesn't seem to be any special conditions on it. I'm amazed I haven't heard of this before but then the US immigration system is a "wealth" of things to discover lol

Thank you so much .

The application includes biometrics.  After it is sent in, a notice will come in to go do biometrics (fingerprints) at your nearest local office.  Leaving before biometrics means you have to come back and do it.

 

After biometrics, you can leave.  On the application it asks you where you want the travel document sent.  One of the options is a US embassy or consulate.

 

Some things we experienced (we were out of country for awhile)

 

- my wife’s biometrics were rejected and she had to repeat them

- the first travel document was lost in the mail, we had to refile, contact the Ombudsman’s office, get a second one expedited.  We have no idea where it was sent but since we applied for it several months before we left we had time to get it twice.  It was a pain.

 

Had we left during that time she would have had to fly back to take care of that.

 

Make sure that clear, explainable, provable US ties are maintained.  Bank account, drivers license, home address, stay on auto insurance, health insurance, etc.  This for removal of conditions later.  We maintained ties at what seemed at time to be ruinous expense but it was worth it.

 

Good luck