Retaining the Green Card while Kids in College and working abroad

S

starofvela

Registered Users (C)
Came to US in September 2010 with wife and four kids on family based immigration through my sister who is a US Citizen.

We went back to Saudi Arabia after a month as my elder daughter is in 3rd Year of College doing her BE Computer Science. My elder son is in his 2nd Year of Medical College in India. I also had a job commitment with my employer which is a US based company ( if that has some value)

Will come to US with family in July.
Will still need to go to Saudi within one month as I still need time to wind up my financial affairs and also pay for my children's college education.
Will need to continue my contractual assignment with this US based Company at least till 2012 to get my End of Service Benefits and also to ensure my children's college education is completed.

Will come finally to US with my family by end of 2012.
My son will still need to be in India till 2014 to get his Medical Degree.

Plan to let him to come to US every 6 months from now on
Submitted Income Tax Return 2010 by post before April 18.
Opened a US Bank Account and applied for Credit Cards
Plan to investment in home/bonds/Shares in US with the funds that I will try and muster through sales of assets in India.
Get Entry Permit if time permits for all at least till 2012.

I request guidance and advice from forum members on questions from the Immigration Officers at the Airport and whether the above plan makes sense or is too risky or can be improved upon.
 
Have you ALL got re-entry permits? If not get them soon. Each applicant must be in the U.S. to apply and must be fingerprinted in the U.S. One CAN depart between filing (acceptance not just mailing of the application I-131) but would need to return for FP appt. The actual permit can be delivered abroad at consulate/embassy or overseas USCIS Office.

REP is good for 2 years at a time for the first 2 REP's a 3rd may be granted for one year or denied. REP protects greencard but does nothing towards naturalization eligibility. An N-470 could have helped you IF you had one solid year as an LPR in the U.S. before departing abroad for the foreign assignment, remember that for the future.
 
At last a somewhat reassuring reply on my query - Thanks very much BigJoe - some of the lawyers/paralegals - I was able to get a response from on the internet have insisted on me and my kids leaving everything as is and coming back to US asap or risk loosing the GC status which of course is real - only I feel that they may be a bit too cautious in their advice.

Back to the issue on hand, we are planning for Re-Entry Permits when we come this year in July even though it will be quite expensive (6 persons). Returning back from Saudi for fingerprinting will not be viable too - better to stay for 6-8 weeks in US waiting for the acceptance and biometric appointment on an expedited basis.

Is completing of college education for my elder children, and ongoing job obligations for myself good enough reasons for the acceptance of I-131. What other reasons can be given when applying for the Re Entry Permit. What about my wife and two minor kids - what reasons can be given for them. My son who is in the medical college has a very tight schedule and cannot stay out for more than 2 weeks without loosing a major part of his studies which include postings etc. We could as suggested apply - wait for acceptance, leave and then return for the finger printing appointment.

My other concern is the answer that I am working in Saudi Arabia make me a eligible for a secondary questioning session. How do I answer this properly so that I minimize this risk.
 
starofvela said:
At last a somewhat reassuring reply on my query - Thanks very much BigJoe - some of the lawyers/paralegals - I was able to get a response from on the internet have insisted on me and my kids leaving everything as is and coming back to US asap or risk loosing the GC status which of course is real - only I feel that they may be a bit too cautious in their advice.

Back to the issue on hand, we are planning for Re-Entry Permits when we come this year in July even though it will be quite expensive (6 persons). Returning back from Saudi for fingerprinting will not be viable too - better to stay for 6-8 weeks in US waiting for the acceptance and biometric appointment on an expedited basis.

Is completing of college education for my elder children, and ongoing job obligations for myself good enough reasons for the acceptance of I-131. What other reasons can be given when applying for the Re Entry Permit. What about my wife and two minor kids - what reasons can be given for them. My son who is in the medical college has a very tight schedule and cannot stay out for more than 2 weeks without loosing a major part of his studies which include postings etc. We could as suggested apply - wait for acceptance, leave and then return for the finger printing appointment.

My other concern is the answer that I am working in Saudi Arabia make me a eligible for a secondary questioning session. How do I answer this properly so that I minimize this risk.
Click to expand...

1. Fingerprint appt notices usually come in around 3 weeks. Once you get it you can TRY to go in early and ask to be fingerprinted ahead of schedule (show urgent need to travel, work and school obligations).

2. They don't really care about reason for REP. These are pretty much a matter of routine. Your spouse and younger kids are simply accompanying you while you work abroad for a U.S. employer and the kids also finishing school (winding up their lives overseas before permanently relocating to the U.S.).

3. Include the G-1145 for e-mail/text notification of receipt and case status updates. See also, e-filing instructions: http://www.uscis.gov/portal/site/us...nnel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD

4. I went to college, I needed a leave when my mother was dying of cancer, leaves are possible and no uncommon. Have your son talk to his instructors about his need to travel for a specific purpose. [Not everybody has to travel at the same time.]

5. YOU work for a U.S. employer abroad but do not qualify for the N-470, so you need to protect your status. That's what you explain to CBP.
 
God Bless and a thousand Thanks!

Will arrange for my son to come separately in August after his semester ends and let him stay longer so that he can get the REP. I need to discuss this with him. The rest of us will come all together in July and hopefully do not have a serious issue at the Airport. We will then do as you have suggested with regards to the REP. I hope it does not take more than a month.

We will of course answer all questions honestly with the CBP when asked ie meaning that I am working a US company in Saudi (actually it is a US Subsidiary meaning it is 51% owned in US and 49% local partners) and kids in college etc.
I expect I need to bring as much documentary proof as possible.

One last question - Is coming to US from Saudi on a return ticket be a big no-no for the LPR status? one way tickets can be expensive.
 
starofvela said:
God Bless and a thousand Thanks!

Will arrange for my son to come separately in August after his semester ends and let him stay longer so that he can get the REP. I need to discuss this with him. The rest of us will come all together in July and hopefully do not have a serious issue at the Airport. We will then do as you have suggested with regards to the REP. I hope it does not take more than a month.

We will of course answer all questions honestly with the CBP when asked ie meaning that I am working a US company in Saudi (actually it is a US Subsidiary meaning it is 51% owned in US and 49% local partners) and kids in college etc.
I expect I need to bring as much documentary proof as possible.

One last question - Is coming to US from Saudi on a return ticket be a big no-no for the LPR status? one way tickets can be expensive.
Click to expand...

see http://www.justice.gov/eoir/vll/intdec/vol25/3700.pdf it is spot on your employment situation.
 
5. YOU work for a U.S. employer abroad but do not qualify for the N-470, so you need to protect your status. That's what you explain to CBP.
 
starofvela said:
5. YOU work for a U.S. employer abroad but do not qualify for the N-470, so you need to protect your status. That's what you explain to CBP.
Click to expand...

Your employer is a U.S. employer as at least 50.1% U.S. owned OR traded exclusively in the U.S. stock market, right?

You are an LPR and pay U.S. taxes, right?

Use the re-entry permit to protect your greencard since you did not get an approved N-470 (which would also require the REP).

IF you had known about it you probably would have qualified for the N-470 but it is too late now because the window of opportunity to apply has closed.
 
Thanks for the explanation.
I will use this line for the CBP initial questions ... that I am working for a US Corporation..that I have filed the Tax Returns for my first year. That, the GC came in at a unexpectedly critical juncture in my life ( 2 kids in college, my brothers needing fin aid from me etc) hence I needed to return to meet my work and financial obligations. If I asked, I will inform of my intention to apply for the REP till such time that I need.

I will apply for a US driving licence and buy a car this time around (for my brother's use)

Still anxious about facing a tough officer who decides for a secondary interview. Under stress, wrong/naive answers could be a disaster. I need a strategy that minimizes this risk.

What more can be done? Is buying one way tickets a good strategy worth the money - want to avoid as it is quite expensive - though it could give flexibility in case the REP process takes more time.

One more query that comes up.. is hiring a lawyer advisable for applying for an REP in my situation?

Big Joe- your posts and invaluable advice from all experienced posters on this great site is a huge benefit to all of us newbies..hopefully I must also contribute through my experiences in future.
 
Don't buy return tickets where the return flight ends up outside the US. That will hurt your ability to defend your green card, if you are sent to secondary inspection. Either buy one-way tickets into the US, or return tickets that end up in the US.

Fill out the application for the reentry permit (except for the signature, which is to be signed and dated when you are in the US) so you can present it (if necessary) to convince them that you really will apply for a reentry permit.

You said your contract ends in 2012; bring some evidence to support that, a known or expected end date for work abroad looks better than open-ended employment.
 
Thanks - Jack, for the great advice, every thing will be helpful, I suppose. I will definately fill in the REP before coming.

Return Tickets originating from US seem to be mighty expensive based on travelocity etc. almost double the cost of the return ticket issued locally. The local ticketing agent here in Saudi tells me he can print two separate tickets - one for going and the other for the return. This could help if the officer is not inquisitive enough. However, a more inquisitive officer could type in the PNR ( Reservation Number) and he will get the Return Reservation Details. I am not sure if this will work. Any body tried this?
With regards to the Contract, I believe, it is renewable every two years on mutual agreement, hence may not be very helpful. I also have a resident permit which will be valid till end 2011 but this again is renewable on 2 years basis. Perhaps, in totality, these documents can be useful to confirm that the temporary state of my employment and residence in Saudi Arabia? Any comments?
 
If you could get your employer to transfer you to the US this year, or if you get a job in the US with another company, that would help a lot to secure your own green card as well as improving the prospects of your children keeping theirs when studying abroad (they tend to be lenient on university students abroad who are supported by parents living in the US).
 
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