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Son has green card but is at university in England

Son has green card but is at university in England

Old Sep 20th 2012, 2:03 am
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Default Son has green card but is at university in England

Apologies if there are earlier threads on this subject, I did a quick search but could not find any answers!

Our green cards came thru in January, and I am in Chicago. My son is part way through a degree in England, and intended visiting at Christmas and maybe once again each year, BUT will be here full time after his degree.

I think he needs a re-entry permit I-131 to cover his studies, but is that correct?
Can he file this from the UK or can it wait until he is here at Christmas?

Is this something we can do without a lawyer?
We weren't too impressed with the lawyer that processed our green cards, she took three years to do it and charged me a fortune : (

If anyone can point me in the right direction, that would be a great help!
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Old Sep 20th 2012, 2:18 am
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Default Re: Son has green card but is at university in England

Being outside the USA for studying abroad is an acceptable reason to be outside the USA. He only needs to apply for the re-entry permit if he thinks he'll be staying outside the USA for more than 1 year continuously. He should also make sure to keep ties to the USA...bank account, drivers license or State ID, file a tax return (unless he's a dependent on yours), etc.

The I-131 can probably be mailed in from overseas, but he will have to be in the USA to do the associated biometrics (fingerprint and photo) appointment. If he waits and applies from inside the USA at Christmastime, he should plan to stay long enough to file the I-131 AND get the biometrics done. It could be several weeks until the biometrics appointment.

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Old Sep 20th 2012, 2:25 am
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Default Re: Son has green card but is at university in England

Originally Posted by Middlemore View Post
Apologies if there are earlier threads on this subject, I did a quick search but could not find any answers!

Our green cards came thru in January, and I am in Chicago. My son is part way through a degree in England, and intended visiting at Christmas and maybe once again each year, BUT will be here full time after his degree.

I think he needs a re-entry permit I-131 to cover his studies, but is that correct?
Can he file this from the UK or can it wait until he is here at Christmas?

Is this something we can do without a lawyer?
We weren't too impressed with the lawyer that processed our green cards, she took three years to do it and charged me a fortune : (

If anyone can point me in the right direction, that would be a great help!
My daughter went to uni in Canada...she also had a green card. She travelled to the US every month or so for a long weekend...spent 3 months every summer here...Christmas etc. Was driving a car with NJ license plates...had NJ insurance...US bank account and credit cards...so she had maintained plenty of links to the US. She never encountered a problem until the end of year 3. When entering the US the IO told her to get a re-entry permit if she intended to enter the US again. She was 21 and travelling alone and the IO's attitude shook her a little.

Fortunately her next visit was to take her US citizenship test and interview.

To save any inconvenience...yes I would apply for the re-entry permiit.
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Old Sep 20th 2012, 4:56 am
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Default Re: Son has green card but is at university in England

The potential issue is that he abandoned his PR status. The rule of thumb from my reading, is a year away might constitute abandonment. Having ties, visits and/or a story to mitigate the possibility of abandonment is a plus. Applying for a re-entry permit is another plus.

How many pluses is enough, is not defined.
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Old Sep 20th 2012, 7:11 pm
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Default Re: Son has green card but is at university in England

My daughter is also studying abroad. She applied for a reentry permit when she left and has been renewing it whenever it expires without a problem. Definitely have him get one.
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Old Sep 20th 2012, 7:32 pm
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Default Re: Son has green card but is at university in England

Originally Posted by bequibar View Post
My daughter is also studying abroad. She applied for a reentry permit when she left and has been renewing it whenever it expires without a problem. Definitely have him get one.
Thank you!
Would you mind if I contact you to ask how to apply?
I really don't want to pay another lawyer if I don't need to, so if you can start me off in the right direction, I will have a go at this myself!
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Old Sep 20th 2012, 7:34 pm
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Default Re: Son has green card but is at university in England

Originally Posted by Middlemore View Post
Thank you!
Would you mind if I contact you to ask how to apply?
I really don't want to pay another lawyer if I don't need to, so if you can start me off in the right direction, I will have a go at this myself!
It's much better if you ask in the public forum, that way you'll get more help, and if anyone gives an incorrect answer, it can be correct by someone else reading the thread.

Do you just want to know how to apply for the re-entry permit? It's Form I-131, found at www.uscis.gov. You do not need a lawyer.

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Old Sep 20th 2012, 7:37 pm
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Default Re: Son has green card but is at university in England

Originally Posted by Noorah101 View Post
It's much better if you ask in the public forum, that way you'll get more help, and if anyone gives an incorrect answer, it can be correct by someone else reading the thread.

Do you just want to know how to apply for the re-entry permit? It's Form I-131, found at www.uscis.gov. You do not need a lawyer.

Rene

OK, thanks.
I had a look at it this morning, and also the notes that go with it.
Son is in England, so I guess my first question is where to send the form, does it go the the London Embassy, or somewhere else?
And where does he go for biometrics? I understand he has to be in the US for that, but is it available in every state or does he need to go somewhere national?

Sorry I have so many questions.
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Old Sep 20th 2012, 7:45 pm
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Default Re: Son has green card but is at university in England

Originally Posted by Middlemore View Post
I guess my first question is where to send the form, does it go the the London Embassy, or somewhere else?
The I-131 must be filed to the US. There's an address for the I-131 in the forms section at www.uscis.gov.


And where does he go for biometrics? I understand he has to be in the US for that, but is it available in every state or does he need to go somewhere national?
He will go to the ASC that has jurisdiction where you live... so it'll be someplace local to you - if your permanent address is also his.

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Old Sep 20th 2012, 7:48 pm
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Default Re: Son has green card but is at university in England

Originally Posted by Middlemore View Post
I had a look at it this morning, and also the notes that go with it.
Son is in England, so I guess my first question is where to send the form, does it go the the London Embassy, or somewhere else?
There should be an address on the main I-131 page at www.uscis.gov, or the address might also be in the I-131 instructions. Did you download both the form AND the instructions? It does not get sent to the London embassy. The address is in the USA.

And where does he go for biometrics?
After sending in the I-131, he will receive a Biometrics Appointment Notice in the mail (at his US address). That will have the location of the biometrics appointment. It will be at an ASC service center in his town, or in the nearest city. You can search at www.uscis.gov under ASC locations to see where it might be. USCIS will decide on the location based on his US address.

I understand he has to be in the US for that, but is it available in every state or does he need to go somewhere national?
There are several ASC locations in each state, most likely.

Sorry I have so many questions.
Not a problem at all, happy to help!

Rene
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Old Sep 20th 2012, 7:53 pm
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Default Re: Son has green card but is at university in England

Thank you folks, that is a great help

I will fwd this thread to said child later, and try to persuade him to get this done during a moment of sobriety before freshers week kicks off.
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Old Sep 20th 2012, 8:45 pm
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Default Re: Son has green card but is at university in England

Originally Posted by Middlemore View Post
Apologies if there are earlier threads on this subject, I did a quick search but could not find any answers!




There was another thread on this subject started by me but everyone ignored it (sniff) so I am very glad you started this one
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Old Sep 20th 2012, 8:55 pm
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Default Re: Son has green card but is at university in England

Originally Posted by clarity1971 View Post
There was another thread on this subject started by me but everyone ignored it (sniff) so I am very glad you started this one
Sorry you didn't get any replies. Here's the thread...hopefully someone will reply to it.
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Old Sep 20th 2012, 8:58 pm
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Default Re: Son has green card but is at university in England

Thanks Jerseygirl - I was joking of course but very kind of you
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Old Jan 22nd 2013, 11:54 am
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Default Re: Son has green card but is at university in England

More help needed!

Said son decided NOT to come to the US at Christmas, and instead spent time with his girlfriend in England. So its now 13 months since he was last in the US and the info I have tells me that he has left it too late for a re-entry permit, and now needs a returning resident visa, via the London embassy.

We've found the form, fees, etc, and it all seems relatively straightforward, as much as these things ever can be!

Does anyone have any tips on making this application stronger? Obviously we will include copies of his university papers, stating the course details and dates, and also some stuff from the voluntary work he did last summer, to show why he stayed in the UK.
He doesn't have a US SSN or bank account as he has never worked here, but I guess there are other 19 year olds who don't have those either, he's never worked anywhere : )

We really need this to be approved. I'm in Illinois and daren't think that my son could be denied permission to one day call this home too. I'm guessing that he can't visit under the VWP having already 'declared immigrant intent' so its scaring me that I might never live in the same country as my son again if this fails for any reason.
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