Options to maintain GC while out of US for two years

nusratv

New Member
My son who will turn 21 shortly recieved an immigrant visa under the category IR2. He needs to continue his studies for another 2 years in thr home country before he will be able to live continiously in the USA. Can he apply for a reentry permit immediately after reaching the USA. Will the immediate timing of the application have any bearing on USICS'S decision to grant him a re entry permit or not? Is continuing his studies a good enough reason for the USICS to grant him a reentry permit. What type of reasons are appropriate and which ones might result in refusal of grant of the permit? If he does not get a re entry permit and enters the USA after every 5 months or so for the next 2 years (a total of 3 trips) is he likely to face any problems entering or is entering the USA every 11 months or so (less than 12) for the first 2 years i.e two visits after 11 months each also going to be enough for her to be able to enter without any problems? What is the least no of days you think in which it might be possible to both apply and get the boimetrics done, if the EXPEDITE option is used can one expect to get the biometrics done in 15 days from the date of application. What possible steps can be taken to expedite the process as my son will have about 20 days in the USA before he has to return. Will greatly appreciate any answers or feedback. Thanks a lot.
 
SEE: http://www.state.gov/documents/organization/87545.pdf and read from page 6.

9 FAM 42.22 N1.12 Lawful Permanent Resident (LPR) Students Studying Abroad
(CT:VISA-1377; 11-24-2009)

Several decisions by the DHS Administrative Appeals Office (AAO) relate to LPR students studying abroad. Students who wish to retain LPR status should present evidence of a definitive graduation date. Even prolonged absences from the United States may be considered temporary if the LPR can present evidence of a receipt of a degree within a definitive time. Consular officers should take into account whether students return to the United States at the end of each academic term, or whether they have family still living in the United States. Evidence of property ownership, or a bank account in the United States, may indicate the student intends to return to the United States upon completion of studies.

Apply for a re-entry permit on USCIS form I-131.
 
Thanks very much BigJoe. The link you showed is in the context of obtaining a returning resident visa but I guess the same things should be applicable for someone who has a reentry permit and would potentially be out for upto 2 years at a strech. Does anyone not having a re entry permit who entered the USA either every 11 months or every 5 months for the first 2 years only share his or her experience at the port of entry?
 
Top