He just got here but can't stay!

[Kayemess02]

Dear Forum,

We looked through several boards and posts and did not see any similar situation.

We petitioned for an immigrant visa for my father in law from Nigeria. He is 81 years old. It took us 4.5 years to get it, but we finally did. He arrived last week. We thought that by getting him an immigrant visa, we would be guaranteeing his ability to come and go-in his remaining years. We did not really intend for him to become a permanent resident of the US. As it is right now, now that he is here, we realize he would be unable to live here--it is absolute culture shock and the change from Nigeria is overwhelming!

We are unsure how to proceed. Can he go back to Nigeria in a month and return to the US in 2007 or 2008? Will he be unable to travel back to the US from Nigeria without a green card? We have read that he should not be out of the US for long if he intends to be a permanent resident/ maintain his I551 status? But he does not have intent to stay.

At this point, if he goes back soon, does he lose his right to ever get a non-immigrant visa? Can he forfeit the permanent residency in favor of a non- immigrant status?

Any help greatly appreciated. We are shocked that our understanding of the immigrant visa (meaning we thought he would be able to come and go) was completely off base--

Much thanks!

 

[pianoplayer]

Dear Forum,

We looked through several boards and posts and did not see any similar situation.

We petitioned for an immigrant visa for my father in law from Nigeria. He is 81 years old. It took us 4.5 years to get it, but we finally did. He arrived last week. We thought that by getting him an immigrant visa, we would be guaranteeing his ability to come and go-in his remaining years. We did not really intend for him to become a permanent resident of the US. As it is right now, now that he is here, we realize he would be unable to live here--it is absolute culture shock and the change from Nigeria is overwhelming!

We are unsure how to proceed. Can he go back to Nigeria in a month and return to the US in 2007 or 2008? Will he be unable to travel back to the US from Nigeria without a green card? We have read that he should not be out of the US for long if he intends to be a permanent resident/ maintain his I551 status? But he does not have intent to stay.

At this point, if he goes back soon, does he lose his right to ever get a non-immigrant visa? Can he forfeit the permanent residency in favor of a non- immigrant status?

Any help greatly appreciated. We are shocked that our understanding of the immigrant visa (meaning we thought he would be able to come and go) was completely off base--

Much thanks!

Yes, unfortunately, in order to preserve his PR, he needs to be domiciled in the US, i.e. it needs to be his home, the place where he intends to reside and return to.

He will have to make some tough choices. It would be a pity if he gave up his PR so soon. Perhaps a little more time for adjustment could change the situation?

If not, I advise that you consult with an immigration attorney before you do anything. And make sure the attorney is knowledgeable in residency preservation/abandonment issues. This is a very specialized area of immigration law --- not all immigration attorneys, including some very good ones, are proficient at it.

Best wishes.