Re-entry permit...

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shekhar63

Registered Users (C)
Hello administrator,
I need your advice.
May 2005- We (all 4 of us) received US green card)
May 2006- My family left to India. Didn't file re-entry permit.
Till May 2008- I will be staying in USA (I am the primary applicant).
My questions are as follows:
1. What do I do next, if my family wants to return?
2. If my family doesn't return, will they loose green card?
3. I realized, my son will benefit from green card, when he goes for University education here in USA (i.e. after 4 years). Can I surrender his GC now and re-apply later?
4. It is a tough decision to give up GC. Hence I am still clinging to it and planning to stay in US for another 3 and 1/2 years (by that time I will finish my studies), whereas my family will stay in India.
Any suggestions will be appreciated.
Shekhar
 
All individuals have to maintain their green card status on their own. Being a primary of beneficiary only applies until you are going thru' the process of getting a green card.

They all need to come back to US within 1 year from the time they left (some time in May 2007), otherwise they will deemed to have abandoned their green cards. They can NOT apply for reentry permits from abroad. You have to file the reentry permit while you are in USA, and that allows you to be out of the country for up to 2 years. If any of them would like to live in the US, then get them back in the US. They should carry a proof that they were out on a temporary basis. Since they have been out for over 6 months already, in all likelihood they will be sent for secondary inspection at POE. They should be ready to show ties to US, otherwise they will have hard time getting in.

If anyone them do not want to live in the USA, then fill out a form and have them return the green cards at US Consulate in India. If you become a US Citizen, then file for their green cards again, it will be shorter wait for your kids, and spouse.
 
Last edited by a moderator:
If you become a US Citizen, then file for their green cards again, it will be shorter wait for your kids, and spouse.
Click to expand...

not if he becomes a citizen, and the kid ages out.
 
sg_orl and LUCY_MO
Thank you very much for your feedback and for taking time to reply.
Regards,
Shekhar
I think, I will have them abandon their green cards and I can apply for them later on. If in case of an emergency, they want to travel to US, will it be a problem?
Do I have to maintain my residency status for 4 years or 5 years- to file for citizenship?
I am sorry for asking too many questions.
 
If they give up GC, they can apply for B1/B2 visa. B1/B2 visa requires non-immigrant intent. Having a husband in US (with GC) does not prove it. Also since they have given up the GC (no intent to immigrate) it might work in their favor. Consult a lawyer to be absolutely sure.
 
Have your wife and kids files the forms and return the green cards at US Consulate. They may be looked favorably for B1/B2 visas having voluntarily returned green cards.
 
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