need some info

Bioe

New Member
Alright, this is basically my situation:

I came to the States with my family , and my dad got permanent residency as a priority worker. That makes me a child of priority worker (E15). We've lived in the states for about 6 years and my parents decided to move to a different country because of a job offer, I had to move with them because I was still in highschool then. (that was about 3 years ago) BUT we maintained residency and checked in once a year to maintain residency. My parents recently decided to give up their PR since it was a hassle coming back every year, but I've decided to go back to the states to attend college. I'm turning 21 in february.

Now here comes the questions:

1.Since my parents gave up their permanent resident status, am I still allowed to keep my permanent residency?

2.if so will I have to declare myself an independant to do so?

3.what if I don't have an income?
 
Alright, this is basically my situation:

I came to the States with my family , and my dad got permanent residency as a priority worker. That makes me a child of priority worker (E15). We've lived in the states for about 6 years and my parents decided to move to a different country because of a job offer, I had to move with them because I was still in highschool then. (that was about 3 years ago) BUT we maintained residency and checked in once a year to maintain residency. My parents recently decided to give up their PR since it was a hassle coming back every year, but I've decided to go back to the states to attend college. I'm turning 21 in february.

Now here comes the questions:

1.Since my parents gave up their permanent resident status, am I still allowed to keep my permanent residency?

2.if so will I have to declare myself an independant to do so?

3.what if I don't have an income?

You can be independently be a LPR. The main question is, have you been deemed to have abandoned your status, by only coming back every year for short visits. If they let you in the country (I am not sure if you outside or in the country right now), I would suggest you stay put and maintain your status by really residing here. Make sure you don't file I-407 like your parents.
 
Alright, this is basically my situation:

I came to the States with my family , and my dad got permanent residency as a priority worker. That makes me a child of priority worker (E15). We've lived in the states for about 6 years and my parents decided to move to a different country because of a job offer, I had to move with them because I was still in highschool then. (that was about 3 years ago) BUT we maintained residency and checked in once a year to maintain residency. My parents recently decided to give up their PR since it was a hassle coming back every year, but I've decided to go back to the states to attend college. I'm turning 21 in february.

Now here comes the questions:

1.Since my parents gave up their permanent resident status, am I still allowed to keep my permanent residency?

2.if so will I have to declare myself an independant to do so?

3.what if I don't have an income?

Once you get the GC by any mean (as dependant in your case), you almost do not have any tie with the source of GC. Your parents can give their status away and you can keep it and the reverse is true. Just follow GC regulations regarding permanent residence in states with or without income, does not matter. The important point is not to stay abroad for more than one year without travel permit.
 
1.Since my parents gave up their permanent resident status, am I still allowed to keep my permanent residency?

2.if so will I have to declare myself an independant to do so?

3.what if I don't have an income?
1. As a child of permanent residents, your green card is not conditional; once yours has been granted, it belongs to you and is automatically independent of theirs. The only sort-of dependence lies in the parents ability to keep you outside the US against your will, resulting in loss of the green card if you stay outside the US for too long. But even in those cases, the green card can be preserved by showing that the intent to stay outside the US was your parents and not yours. However, that strategy won't work at your age, because you spent almost 3 years outside the US after the age of 18 without returning to actually live in the US.

2. See #1.

3. Lack of income means you can't use the existence of a US job or filing US tax returns as supporting evidence of maintaining US residence. Apart from that, it is irrelevant.

You need to head back to the US right away and hope they won't revoke your green card. Going back to the US once every 6 months or once a year and staying for a few days and repeating that pattern year after year does not really preserve your green card. It only seems that way because people are able to get away with it, as the officers at the port of entry often aren't noticing the multi-year pattern of long trips outside the US with short stays in the US in between. Eventually after traveling like that for 2, 3 or 4 years, an officer notices the pattern and initiates proceedings to revoke the green card.

You probably will be unable to get citizenship until you have lived for 5 more years in the US after returning.
 
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