F2A-issue Please Help!

[qa90]

Hi

I applied for my son on F2A (PD 9/2009). Current application Status: 'SIF'. Last 5 months 25 days I am in out of USA and staying with my little son. I had a return ticket to fly USA tomorrow. All of a sudden my brother died. I want to stay little bit longer.

Is there will be any problem in terms of my F2a Application? (for staying more than 6 months out of USA)

Is there will be any problem in terms of citizenship or any other entry problem? (I don't have travel permit)

I would really appreciate your thought and input in this regards

Thanks in advance

 

[BigJoe5]

An LPR remaining abroad over 6 months (180 days) places you in the position of any other alien seeking admission and you must be admissible under INA section 212(a). This is true with or without a re-entry permit. See INA 101(a)(13).

IF you are deemed to have "abandoned LPR status" by CBP, 1st you would get to fight that decision before an Immigration Judge, IF the IJ agrees then the F2A petition would end along with your greencard.

IF you remain abroad over one year without a re-entry permit, THEN you must seek an SB-1 visa as a Returning Resident, applying with the U.S. Consulate/Embassy abroad.

 

[Jackolantern]

Is there will be any problem in terms of citizenship or any other entry problem? (I don't have travel permit)

Yes, a trip of over 6 months creates the presumption of breaking continuous residence, which causes problems (not necessarily insurmountable problems) for your citizenship eligibility.

How old is your son, and when did you obtain your green card? Why didn't he get a green card when you did?