Staying outside for long

[barooah]

Hi

My family of 5 (self, wife, daughter 2, son 1) got the Green Card through family route in Dec 2010. Two daughters have been in USA since then. But, other 3 persons have been to USA only for a few days in annual interval.
During last visit we were questioned about staying in the USA and in our passport marked "advised residence". Myself and my wife want to give up our GC. But our son, who is 18 years now and is a student in Hong Kong international school, would like to maintain his GC and permanently move to USA in 2014 August for college education.
Q1- If we give up our GC is it going to affect our children's status, particularly son who is 18 and has been staying out for most parts. Two daughters are above 21 and permanently staying and so probably not be affected.
Q2 - Should my son apply for reentry permit when he goes back to USA just before the 1 year stay outside is over? Can he apply beforehand so that his biometric is done early?
Thanks
Barooah

 

[Jackolantern]

1. All your children are 18 or older, so you giving up your GC status won't affect them.

2. He should get a reentry permit, but he should not wait until the 1 year is almost over. Cutting it too close could result in something happening to delay his entry beyond a year, like him getting sick or flights being cancelled due to weather. Remember he must be in the US when applying for the reentry permit (including when USCIS receives the application), so I don't know what you mean by applying "beforehand" or getting the biometrics done early.

 

[barooah]

1. All your children are 18 or older, so you giving up your GC status won't affect them.

2. He should get a reentry permit, but he should not wait until the 1 year is almost over. Cutting it too close could result in something happening to delay his entry beyond a year, like him getting sick or flights being cancelled due to weather. Remember he must be in the US when applying for the reentry permit (including when USCIS receives the application), so I don't know what you mean by applying "beforehand" or getting the biometrics done early.

1.Thanks. My query is answered

2. Your advise of not waiting till one year is well appreciated. I was under the wrong impression that Reentry permit can be applied outside USA also. What is the typical time between application for re-entry permit and the biometrics? Is it necessary or advisable for my son to get a reentry permit, if he comes back to USA in say 11 months?

 

[Jackolantern]

What is the typical time between application for re-entry permit and the biometrics?

Generally 3-5 weeks.

Is it necessary or advisable for my son to get a reentry permit, if he comes back to USA in say 11 months?

It is very advisable, considering that he has a history of being outside the US for extended periods over the past 2-3 years and has already been warned.

With his plans to study at a US college in 2014, he could greatly benefit by returning to the US permanently this summer (one year before the 2014-2015 school year starts). Living in the US for one year (in the same state) would enable him to qualify for the lower state-resident tuition rates, and being in the US for would provide more opportunities for scholarships (for example, some state universities have certain scholarships set aside only for state residents, and some foundations that award scholarships want to interview the applicants).