Hi,
I have filed my AoS package and have received NoA for I-130, I-485 and I-765. I was looking through my copy of the filed package and discovered this:
I filed because my husband is an USC. He had sponsored his parents previously and both parents received their permanent residency in 2000 and their card expires in 2010. However, they have lived in their native country since 2001 and have not returned to the USA. Based on the "Now That You Are A Permanent Resident" webpage of the USCIS:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
1) Move to another country intending to live there permanently.
2) Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
3) Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
4) Fail to file income tax returns while living outside of the US for any period.
5) Declare yourself a “nonimmigrant” on your tax returns.
My parents-in-law have committed all the above acts in bold, therefore in my opinion they are no longer lawful permanent residents of the USA. Since they never came back to this country since 2001, they have not been "brought before the immigration courts to determine your right to remain a Permanent Resident", therefore when I filed my AoS, for form I-864 Part 5 Sponsor's household size chart, I did NOT include my parents-in-law in (f) If you have sponsored any other persons on an I-864 or I-864EZ who are now lawful permanent residents, enter the number here
My question is, do you think I did the right thing by choosing to EXCLUDE them? We submitted my parents-in-laws' A#s, date,place of filing and EAC#s, so when the USCIS does the cross-referencing, they are going to find out that my parents-in-law have abandoned their LPR status and thereby, understanding why they are not included in our current household size.
My apologies for the length of this post, but I would like to give a clear picture of the circumstance. Thank you for your assistance!
I have filed my AoS package and have received NoA for I-130, I-485 and I-765. I was looking through my copy of the filed package and discovered this:
I filed because my husband is an USC. He had sponsored his parents previously and both parents received their permanent residency in 2000 and their card expires in 2010. However, they have lived in their native country since 2001 and have not returned to the USA. Based on the "Now That You Are A Permanent Resident" webpage of the USCIS:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
1) Move to another country intending to live there permanently.
2) Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
3) Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
4) Fail to file income tax returns while living outside of the US for any period.
5) Declare yourself a “nonimmigrant” on your tax returns.
My parents-in-law have committed all the above acts in bold, therefore in my opinion they are no longer lawful permanent residents of the USA. Since they never came back to this country since 2001, they have not been "brought before the immigration courts to determine your right to remain a Permanent Resident", therefore when I filed my AoS, for form I-864 Part 5 Sponsor's household size chart, I did NOT include my parents-in-law in (f) If you have sponsored any other persons on an I-864 or I-864EZ who are now lawful permanent residents, enter the number here
My question is, do you think I did the right thing by choosing to EXCLUDE them? We submitted my parents-in-laws' A#s, date,place of filing and EAC#s, so when the USCIS does the cross-referencing, they are going to find out that my parents-in-law have abandoned their LPR status and thereby, understanding why they are not included in our current household size.
My apologies for the length of this post, but I would like to give a clear picture of the circumstance. Thank you for your assistance!
