Comment in passport

bobw1

New Member
Hi,

My minor son went for studies in India and when he
returned for his vacation in US, the BCIS officer made a
comment, "Out 8 months" in the passport. Will this have
any impact on his greencard? Could it jeopardise his
next entry into US which would again be after more
than 6 months outside the country? How about when
he applies to citizenship? Can the BCIS deny entry
to a minor son when parents are LPRs in US?

Thanks.
 
Generally speaking, there shouldn't be a problem. However, during a citizneship interview, the BCIS officer will ask more information from the applicant about his/her tie with the US during the absences.

A friend of mine was in the same boat. She got a comment of "Out 5 months, advised residency requirement" when getting back. She should be more concered about this comment than you as she was warned of the residency requirement by BCIS.
 
Comment in the passport

Did the officer put a "Out 8 months" in the computer system, too?
 
Originally posted by bobw1
Hi,

My minor son went for studies in India and when he
returned for his vacation in US, the BCIS officer made a
comment, "Out 8 months" in the passport. Will this have
any impact on his greencard? Could it jeopardise his
next entry into US which would again be after more
than 6 months outside the country? How about when
he applies to citizenship? Can the BCIS deny entry
to a minor son when parents are LPRs in US?

Thanks.

You are better off applying for a re-entry permit before his next re-entry. Otherwise you will have to prove to the immigration officer that the minor child has not abandoned his residence in the US. If he is abroad for studies, a letter from his school will help.
If you become a citizen before he is 14, he automatically becomes a citizen. After that he should apply for citizenship separately and meet all other requirements for citizenship.
 
had you applied for a re-entry permit

dear bobw1,

had you applied for a re-entry permit for your son before he left US?
 
Joef Re: Comment in passport

Originally posted by JoeF
According to the Child Citizenship Act of 2000, children under 18 become citizens automatically if one parent is a US citizen. See http://travel.state.gov/childcit.html:
"The child must meet the following requirements:
* Have at least one American citizen parent by birth or naturalization;
* Be under 18 years of age;
* Live in the legal and physical custody of the American citizen parent; and
* Be admitted as an immigrant for lawful permanent residence."

Reference the last requirement , How about if the child admitted as nonimmigrant but adjusted his status to that of a PR , Will he still meet the Citizenship criteria.

Thank you.
 
Last edited by a moderator:
Re: Re: Joef Re: Comment in passport

Originally posted by JoeF
Yes.
This term is defined in INA 101(a)(20) as
"(20) The term "lawfully admitted for permanent residence" means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. "
And BCIS Interpretation 320.1(f) (http://www.immigration.gov/lpBin/lp...tes&fn=document-frame.htm#slb-interp320-46-1f)
refers to that definition.

Thank you .
 
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