jeffreyhy

One does not apply for a green card. If your son has a green card, how did he get it? By getting an immigrant visa and traveling to the USA, therby becoming a US Permanent Resident?

I think that we need to be careful with our use of language, as it applies to the law which may be different from common usage. If your son has been granted Permanent Resident status then the US government considers that he has become a permanent resident of the USA - he has 'moved to the USA', in common terms, and is now temporarily back in the UK to complete his studies. He will remain a Permanent Resident of the USA until he either formally surrenders the status (I think there's a form for that), becomes a citizen, or abandons the status by his actions.

He is presently in the process of the 3rd method by having stayed outside of the USA for more than a year, but if he wants to he probably stands a good chance of retaining his status by taking appropriate actions. A US immigration attorney who is experienced with abandonment of status issues may be able to help him 'save the day' - if he wishes to do so and gets moving on it without further delay.

Regards, JEff

Middlemore

Rene, when you put it like that, it doesn't look good, i agree.

But I'm not sure what he could have done differently, given that he was part way thru a UK degree course when the GC finally came through.
The lawyer had told us the GC would be finished almost a year earlier, so he had planned to be living in the US for at least a few months before returning to the UK for uni.
There were various delays, none of which were due to us, they were mostly bureaucratic delays, although at one stage the lawyer actually forgot to file.

Son did not want to delay his studies, and did not have his GC when he was due to start uni, and in any case there was no equivalent course open to him in the US.
Like I say, it doesn't look great but i don't know what he could have done differently.

Middlemore

Thanks Jeff, that's a helpful overview of the situation.
We certainly won't use the same lawyer as before, but we're hoping that we can salvage his residency somehow.

jeffreyhy

Language problem again. In terms of US immigration law:
- you didn't "visit[ed] the US to complete the process", you moved to the USA and completed the process.
- his place of permanent residence is currently in Illinois, without regard to how long he's inhabited the home. He moved there, and then returned to the UK temporarily to finish his studies.

One does not have to be in the USA for any specified period of time in order to become a Permanent Resident, One simply has to enter the USA using an immigrant visa and one is instantly a Permanent Resident. Nor does one have to remain in the USA for any specified period of time in order to retain Permanent Resident status. One can leave the USA and be gone for an extended time as long as they intend to return to the the USA when their temporary stay abroad is completed.

One does need to take actions that demonstrate their intent. Your son needs to start demonstrating his true intent since by being out of the USA for more than a year he has, by law, demonstrated that he does not intend to return.


Regards, JEff

Middlemore

Thank you, that again clarifies things.
I hope this can be resolved, it was never an intent to abandon, more a lack of understanding of the implications of being out of the US so long. I guess what I'm saying is that we/he did not appreciate the conditions attached to residency, we just thought at the time that the GC was an indefinite thing, and failed to realise the obligations it carried.
The only time he could have traveled was this past Christmas, and as i said in a earlier post, a teen with a new girlfriend is rarely sensible . . . . .

zerlesen

It's water under the bridge now, but not staying out of the US for over a year is certainly one thing he could have fairly easily done, to judge by your original post. Or else getting a re-entry permit. The trouble is that the GC isn't valid as an entry document after a year out of the country so, if he shows up at the border now, he doesn't have a valid entry document, and they are supposed to ask him some questions about that. (There have been stories where people have claimed to have done this and just been waved through, though, for what that's worth.)

He's probably not doomed but you need to talk to a lawyer (in fact, as has been specified above, a lawyer with experience of abandonment law) as soon as you can to find the least inconvenient way in which to proceed.

Noorah101

I don't think I'm following your story very well, I apologize. What do you mean by "when the GC finally came through"? If your son entered the USA using an Immigrant Visa, then his GC came through at the same time he entered the USA. His immigrant visa should have been endorsed with an I-551 notation, which serves as proof of his US PR status for 1 year. The actual plastic GC would come later in the mail, yes, but his US PR status is activated from Day 1 in the USA. Did he get his GC by any other means than the way I mention here?

What do you mean by "the lawyer told us the GC would be finished almost a year earlier"? Were you guys all in the USA first, and then your son did an Adjustment of Status? Or when you said GC in that sentence, did you mean Immigrant Visa?

I'm sorry, I'm confused. Either way, you've been given sound advice on the situation as it is today. Your son is walking on a very thin line at the moment. He really needs to make a decision, and take action on it quickly.

Rene

Noorah101

Never mind the above, I read back to the beginning of this thread and it seems you were all in the USA, doing an Adjustment of Status.

Your son should not postpone returning to the USA much longer. As a green card holder and US PR, he has the right to be allowed into the USA so that he can go before an Immigration Judge who will make the final determination on whether he abandoned his PR status or not.

If he gets any pressure from the POE agent to sign a form and turn in his existing green card, he should NOT do that. He should gently but firmly ask to be admitted (or paroled?) in so that he can go before an Immigration Judge.

Rene

ian-mstm

I suggest it does hold true. Her status as a PR is not dependent on whether or not you are in the US.

Ian

Middlemore

Sorry, I wasn't clear.
We began the GC process in 2009, and the lawyer said it would be complete end of 2010, no problem. in fact it was December 2011 before it was finally complete, so son was at uni by then, and had no opportunity to spend any time in the US before his course started, as we were under the impression we could not travel during the GC processing.
Hope that makes it clearer, and sorry for the confusion!

ian-mstm

Rene said you were adjusting status - which implies you were all in the US at the time. Was your son not with you in the US when you adjusted status?


Your lawyer was an idiot.

Ian

Noorah101

This is interesting. Normally one receives an AP document so they can leave the USA and then return to the USA without abandoning the AOS process. I've never heard of someone leaving the USA after AOS was filed, but before receiving AP, and then staying outside the USA until after the GC is issued. I guess the lack of AP doesn't matter in a case like that? *wondering*

You could have traveled outside the USA and then returned to the USA safely, without abandoning the AOS process, if you had AP in hand.

Rene

zerlesen

Sorry, I'm getting confused about the sequence of events.

makes it sound like your son had his I-485 done via consular processing. (It would be useful to know exactly how it was handled. God forbid he filed for AOS then left the country without advance parole - unless he was maintaining a valid H or L visa.)

The case your son has to make is that, since becoming an LPR, he has considered the US his permanent home and has never intended otherwise or established a permanent residence back in the UK; he is just temporarily overseas completing his studies. (I don't suppose he signed up for selective service, did he?)

Noorah101

I-485 can't be done via consular processing. It's an adjustment of status for someone who is already inside the USA.

Rene

zerlesen

D'oh. Sorry, I meant the I-824 that can be filed with the principal's I-485 on behalf of a spouse/kid outside the US, then the spouse/kid applies for an IV at the consulate. Basically, I'm curious about the manner in which the kid got his GC in the first place.