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My husband is a US citizen and was assigned in kuwait,, so we decided to stay in the philippines while his working there for 1yr. Im only a greencard holder and we are in philippines right now for 2 months and planning to go back states to apply re entry visa. My question is is it possible to apply re entry visa in states and come back in the philippines while its on process or i have to wait till i get the visa? Do you think they will approve my request?
Reentry permits are granted where there is a genuine need for you to be outside USA for a limited period of time and you have no intention of abandoning your permanent residence. Since this is an important and complex issue, you should consult a lawyer. Once you have done the biometrics for the reentry permit, you can leave while the application is in process. But keep in mind the risk of a denial if you have left. So, do speak with a lawyer.
Can I petition my brother to come here who has a serious medical issue and needs my help?
Green cards for brothers take approximately 10 years to come through. But for medical treatment, a B-1 visa can be applied.
After getting the green card, can I get a re entry permit for two years more than one times for my self and my family, if I am working out of US for United Nations.
Where there is a good enough reason, reentry permits may be granted more than once.
My family and I are about to leave our country and go to the U.S. for our green card and such this end of November, but I have to go back to our country since I want to finish my education there before permanently staying in the U.S. (I only have one year left before graduating in our university) So my question is, how long does it take for a re-entry permit take?
You have two choices: wait after applying for reentry permit to get called for biometrics (you can request expedite base upon your circumstances); OR, apply for reentry permit and leave USA. Come back for biometrics. DO SPEAK with a lawyer to understand the implications.
This Policy Memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status applicants. Comments are due 1/30/12.
I am a legal permanent resident for 14 years; I would like to know what I need to do to ask for my brother to become a permanent resident or green card. He’s here in U.S visiting me with his visa. He is 27 years old and not sure if I am eligible to request it.
You cannot petition for brother until you become a US Citizen. And, even after that, it takes over 10 years to get a green card. See family category 4 in the current visa bulletin: http://www.immigration.com/visa-bulletin
I acquired my green card in January 20, 2010 with an expiry date of 2/23/20. I came back to the Philippines on February 2011. I want to go back to the US next year around March. Do I have a problem?
Generally speaking, a reentry permit is not a guarantee. It is merely an official declaration of your intention not to abandon your green card. Normally, the govt. does not question it. But if there are facts that make them suspect that you either never established or never intend to establish permanent residence in USA, they can take you to immigration court to take away your green card.
My mother just got recently approved to migrate to the US as LPR. I am a USC. Now I was wondering how soon my mom can submit a petition for my brother who is unmarried and over 21. I am assuming it would be faster for my LPR mother to petition my brother than me.
It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.
My spouse and I am legal permanent resident here in the US for more than 3 years now. We are planning to travel back to India in early December this year and my wife tentatively plans to stay back in India for close to 3-8 months. I am planning to return back after 3 months. In such situation, is it advisable to file re-entry permit (I-131) for her. Also should I get an attorney if I have to file or can I do it on my own?
If you are not abandoning your permanent residence in USA (keeping your home, job, etc.), I see no need for a reentry permit for a three-month trip. She should apply and through counsel.
I just sent my I-131 application (for reentry permit) via overnight delivery, but turns out that I need to briefly go abroad starting this Friday for a work emergency. The official Notice of Action (I-797c) would probably arrive at my house while I am still overseas. My question is, will the application be denied if I leave the country before receiving the Notice of Action? (I'm afraid that USCIS would assume that I've abandoned the application by leaving the country.) I should be back in the USA for the biometric appointment.
As I recall, as long as the application has been physically received by USCIS, your departure does not cause abandonment. So, you should not have to worry. But you will need to be back for biometrics associated with the I-131.
I'm a U.S. citizen working overseas with the U.N. Can my wife (GC holder) use the N-470 to preserve her residency while staying overseas with me?
Yes, she can, as long as she meets the other requirements of N-470.
In a month I will have lived in the US for one year as PR. My company is sending me to do some work for them overseas.
1. Do I have to eligible for naturalization FIRST before I file N-470? Or is this just for any LP who have lived in the US for an uninterrupted year?
2. Can I file it while I am overseas?
3. Can I file when I come back having lived outside the US for less than a Year?
4. Can I file the application and leave BEFORE I hear back from USCIS?
5. What should my employer write in the supporting documents?
6. What makes my company an American corporation/firm?
1. No, you do not have to be eligible for naturalization.
2. No, you have to file while in USA.
3. No.
4. Yes.
5 and 6 require a lawyer to look over your company's details.
My sister just got her green card last year. Can she petition her siblings ages 22 and 24? how long does the processing take?
Only US citizens can petition for their siblings.
My husband is a LPR (since 1993) interested in applying for naturalization. He was granted a reentry permit and used it to enter the country nearly 2 years ago. How long does he have to wait to apply for naturalization?
If he was out of USA for more than one year at any one time, the reentry permit will allow him to file after 4 years and 1 day from re-establishing domicile in USA.
If LPR has Valid Reentry permit can he/she EASILY reenter US, after absence of OVER two Years. Since it was processed late after application reentry permit is still valid for over two years of absence. Do they ask lot of questions at the port of entry since they have stayed above two years? or will they be allowed easily to reenter.
If LPR has exceeded the time permitted by Reentry Permit, they have lost their green card. If they have a good explanation for the absence, they can try to apply a returning resident permit through the consulate.
I was denied B1 because of lack of documents. On reality I have applied for Green Card as my sister is citizen of USA. How can I convince US officers that I will not abandon India and settle down in USA.
I do not know of any special proof that you can provide. This is purely a matter of consular discretion.
I am a citizen here and would like to apply GC for my brother's family in India. My question is brother and family have 10 yr visiting visa and they keep travelling here every 2 yrs. Once I apply for their green card, can they still continue to visit here with their visitor visa? When would their visitor visa gets invalid.
Travel on a NIV while GC is pending is very uncertain. CBP can refuse entry.
I am currently in the US on a h1b visa. My I-140 has been approved under eb3 category but looks like it will really take a while for the visa numbers to be current. My brother is a naturalized citizen. Can he file for my green card under family based siblings category? I was told by someone that i cannot file 2 immigrant petitions. Is that true?
You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.
If you have a valid LPR and you went and stayed over 2 years in the philippines and you want to come back here. If you don't have a re-entry permit how can you get a re-entry permit?
Reentry permit can be obtained only by people who have a valid green card. Your only option (other than filing for a green card again) seems to be to ask the US Consulate for a Returning Resident Permit if you can show them a genuine reason for your absence. Note that this would be a difficult application.
What is time frame to return to the U.S?
A reentry permit gives you the permission to stay outside USA for up to two years at one time.
I received my GC in Aug 2008. My company is willing to send me to India office. Does the company need to file for a N470 or can I file for it? Do I need to be employed my US operations or I can be on the parole of India operations?
Company needs to give you a detailed letter and you can work for their India operations.
I have been a petitioner for my brother since I offered it in 2002. Now, I don't want to be a sponser for my brother. Can I cancel it or not?
You can withdraw the Form I-130.
I obtained my green card in 2004. I left US without obtaining a re-entry permit on July 2009 as I was out of job and found a job in India. Is it possible for me to get a re-entry permit to US? My wife is a US citizen, still working in US.
Unless you have an exceptional explanation for your year outside USA, you should just surrender your green card at the consulate and reapply. Reentry permit is not possible in your situation.