I-485 pending, daughter needs to go to India for schooling

G

gkavitag

New Member
Hi,

Our AOS is pending and we should be getting our GC in 3 months, ie in May 07. My 12 year old daughter needs to travel to India to continue her school 7th grade in June 07 and will return in March 08, so on and so forth for next 3 years until she finishes her 10th grade. So She will be gone for 9 months every year for next 2-3 years.

I know we need to apply for re-entry permit if we plan to stay out of US for more than 2 years. But in our case where our daughter needs to stay out for only 9 months every year, do we still need to apply for her re-entry permit? Considering she is a minor and we both her parents are in US, cant she re-enter US without a re-entry permit?

Any advise would greatly help.
Thanks a ton.
 
Schooling in India

Got any answer?

We are in same situation. We are green card holder. We want to putmy 11years old son in Indian boarding school.

- Do we need re-entry persmit.
- Is there any problem in citizenship?
- Can 10 years old kid will qualify automatically for citizenship when
parents are citizen.
 
Re-entry permit is required for one-year absence, two-year would get you in trouble. But that is for GC holders, AOS applicants need AP. If your kids stay abroad more than in the U.S. every year, they may be questioned at port of entry. Still should be Ok but you may want to consult an attorney to make sure.This is no small matter.

Don't think it will affect his naturalization, but he still has to accumulate enough time living in the US to qualify, which may take longer since he will be in India to finish school.
 
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