Studying Abroad while on I551

[MikeMM]

Are there any minimum residency requirements that the DV winners family members have to maintain residence in the USA? Meaning, my son is planning to go to college in France... will this cause any issues.... Do note that during all this time, i will be maintaining a residence in the US and be living there... just that my son will be studying abroad.

 

[Igmu]

He can apply for a re-entry permit, which will be valid for 2years. I suppose, as long as he is in US over Christmas and during the whole summer, that might still be ok (if he doesn't have a re-entry permit, or if he will be studying abroad for more than those two years). However, a greencard is for people actually living in US, so he might encounter problems.

 

[raevsky]

Full time students are in a very priviledged situation.

9 FAM 42.22 N3.5 LPR Students Studying Abroad
(TL:VISA-284; 05-17-2001)
Several decisions by the INS Administrative Appeals Unit (AAU) 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.

Even if he visits US just once a year and just for one day, and even if that happens every year of study, and even if he studies for many years, it is going to be fine, provided the conditions mentioned are satisfied.

 

[Igmu]

Thanks for this interesting information!