Married Son of a U.S. Citizen;spent 2 years in US as a child

[shredder66]

Hi, my mom's a U.S. citizen, and I would like to join her in the States. I spent two years in the States when I was a kid, specifically in California. I actually studied there (kindergarten & grade 1). After grade 1, I continued my studies here in the Philippines. However, the people at the US Embassy here in the Philippines said that my green card expired when I turned 21. Now, I'm over 21 and married. I'm not sure if I got married before, or after she became a citizen. She's been in the states for over 20 years. Can my mom still apply a petition for me and my family? It's just me, my wife, and daughter.

 

[okalian]

shredder66,
yes, but it may take a while until the petition gets approved since you're married AND over 21.

If you've already had a greencard before, I think there's something for "returning residents". There's also form DS-117 for people who abandoned their premanent residence for a "temporary" period of time. I'm not sure if it will apply to your case but it's worth your time to look at.

 

[solid_traveling]

i understand that you had a green card and you left america after grade 1, but after that when did you return to america? when was the last time you left america?

 

[shredder66]

I haven't been back to America since grade 1, I think I was 7 or 8 years old at the time. Due to financial reasons, me & my brothers had to continue our studies here in the Philippines. Now, my brothers are in the states, my mom was able to petition them before they turned 21. I wasn't so lucky..

 

[Jackolantern]

If you've already had a greencard before, I think there's something for "returning residents". There's also form DS-117 for people who abandoned their premanent residence for a "temporary" period of time. I'm not sure if it will apply to your case but it's worth your time to look at.

It's waaaaaay too late for that. Shredder66 has been outside the US for well over a decade, including a few years past the age of 18, so the green card is dead and gone.

 

[Jackolantern]

Can my mom still apply a petition for me and my family? It's just me, my wife, and daughter.

Yes, she can petition for you in the "married children of US citizens" category, which is family-based 3rd preference.

As you can see in this month's visa bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html) they are at December 1991 for FB 3rd preference Philippines. So if your mother files the papers now, you can expect to wait 18 years before you are eligible for approval.