British son of US Citizen studying in UK

Old Jun 25th 2011, 11:56 pm
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Default British son of US Citizen studying in UK

Hi,
i'm not sure if anyone can help me.

My mother was born in USA and emigrated to UK in her teens, not long enough to confer her citizenship to her children.

I'm currently finishing my first year of a three year degree in England, and intend to move to USA upon graduation. However, at this point I would be over 21, and no longer eligible for an automatic green card. Would it be possible to apply for a Green Card based on my Mother, and spend some of my vacation time living in the states with my Uncle, in order to maintain LPR status through my degree?

If so, how often would I need to return to USA, and how long would it be advisable to spend?

Thanks for any replies, I know it's a bit complicated
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Old Jun 25th 2011, 11:59 pm
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Default Re: British son of US Citizen studying in UK

I thought architecture took longer than 3 years

(Sorry, I know this is the serious part of the forum).
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Old Jun 26th 2011, 12:40 am
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Default Re: British son of US Citizen studying in UK

Originally Posted by artvandelay
My mother was born in USA and emigrated to UK in her teens, not long enough to confer her citizenship to her children.

Would it be possible to apply for a Green Card based on my Mother...
Does your mother live back in the USA again now? Or does she plan to live in the USA by the time you want to immigrate?

...and spend some of my vacation time living in the states with my Uncle, in order to maintain LPR status through my degree?
I can't make sense out of this part. You can vacation in the USA if you want, yes, on the VWP. You can't live in the USA without an Immigrant Visa. If you enter the USA using an Immigrant Visa, you can live wherever you want or vacation wherever you want within the USA, with whomever you want. "maintain LPR status through my degree"? What does that mean? Your degree doesn't give you LPR status.

If so, how often would I need to return to USA, and how long would it be advisable to spend?
If you become a US LPR, and you want to study in the UK, you can get a re-entry permit which allows you to stay outside the USA for up to 2 years at a time. Is this what you mean?

The first important question to answer is regarding your mother's domicile. She must be living in the USA to sponsor you.

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Old Jun 26th 2011, 12:42 am
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Default Re: British son of US Citizen studying in UK

Originally Posted by artvandelay
Hi,
i'm not sure if anyone can help me.

My mother was born in USA and emigrated to UK in her teens, not long enough to confer her citizenship to her children.

I'm currently finishing my first year of a three year degree in England, and intend to move to USA upon graduation. However, at this point I would be over 21, and no longer eligible for an automatic green card. Would it be possible to apply for a Green Card based on my Mother, and spend some of my vacation time living in the states with my Uncle, in order to maintain LPR status through my degree?

If so, how often would I need to return to USA, and how long would it be advisable to spend?

Thanks for any replies, I know it's a bit complicated
How old was your mother when she left the US?
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Old Jun 26th 2011, 2:18 am
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Default Re: British son of US Citizen studying in UK

Originally Posted by artvandelay
However, at this point I would be over 21, and no longer eligible for an automatic green card.
You aren't eligible for an automatic green card... unless your mother sponsors you for an immigrant visa and returns to the US to live permanently. If both of these conditions are not met... well, it's just not going to happen.

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Old Jun 27th 2011, 3:11 am
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Default Re: British son of US Citizen studying in UK

Originally Posted by Noorah101
I can't make sense out of this part. You can vacation in the USA if you want, yes, on the VWP. You can't live in the USA without an Immigrant Visa. If you enter the USA using an Immigrant Visa, you can live wherever you want or vacation wherever you want within the USA, with whomever you want. "maintain LPR status through my degree"? What does that mean? Your degree doesn't give you LPR status.
I think that part meant "maintain LPR status throughout the duration of my degree, whilst I am studying in the UK, but give my Uncle's US address as my permanent one to indicate my intention to live in the US."

Or, it might not. But that's how I read it.
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