petitefrancaise

I know it's probably absolutely ok, but just checking...

my son will be going to university in Europe for his undergrad studies. No probs with green card? Will he have to show proof of his university registration when he returns to the US for vacations? Anything else I should be aware of?

ian-mstm

So long as he doesn't remain outside the US for more than 6 months on any single trip, no.


No. But he's not returning for vacations... he's returning to his permanent home. It's a subtle but important distinction. He must not be seen as visiting the US.

Ian

petitefrancaise

thanks Ian, good point about the returning home bit.

Noorah101

If you do anticipate him being outside the USA for more than 1 year continuously, it would be wise to file form I-131 for a re-entry permit. That allows a US PR to be outside the USA for up to 2 years without abandoning PR status. He will need to be in the USA to file the I-131 and go for biometrics. He can then leave the USA before he receives the re-entry permit, and you can send it to him abroad.

Rene

petitefrancaise

thanks for the headsup Rene. We were thinking that rather than him coming back at Christmas to Texas, we might all fly over and meet up at my sister's house. That would mean that unless he comes back to the US at Easter, then he will indeed be away for almost a year.

Jerseygirl

Agreed. My daughter went to uni in Toronto...came back to NJ every month or so and for all holidays. After 3 years she was told that unless she obtained a re-entry permit she wouldn't be allowed back into the US again. She didn't bother as her next trip a few weeks later was for the US citizenship interview and oath ceremony.

petitefrancaise

I looked at the residency requirements for my son to remain eligible for citizenship - 30 months out of the previous 5 years. He will have met that requirement since we got our green cards 3 years ago. He will be eligible for citizenship in 2 years.

from the ucis web site
"Does travel outside the United States affect my permanent resident status?

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence."

I will make sure he has his Texas driver's license, his US bank account will still be active, the rest of his family still live here and I'd like him to have some sort of employment over the summer vacation period- so I think that will satisfy most border guards' queries.

Jerseygirl

My daughter had US bank account, credit card, NJ Drivers licence. Her car was registered and insured in NJ. She was driving her car with NJ plates...all that made no difference at the border. I know now that because she had a GC she couldn't be turned away...but she could be detained and required to go before an imm. judge. She was quite ratted by the experience. Get the re entry permit.

petitefrancaise

I wasn't discrediting what you wrote JG. However, in 2 years he can get citizenship so it won't be 3 years in his case. How old was your daughter? How long ago was this?

I've asked OH to ask the immigration lawyers at work for their advice too. Not sure if we are still entitled to free advice from them though. Will report back.

Jerseygirl

2006 she was 21.

petitefrancaise

I asked the immigration lawyer at work and she has advised us to get the travel permit if there is any chance of him being out of the country for 6 months or more.

yikes. almost $700.

Jerseygirl

My daughter was out of the US for no more than 6 weeks at any one time. Plus she spent around 5 months per year in the US during the uni holidays.

ian-mstm

Have him come home! It'll probably be less expensive for all of you, and you can all met up at your sister's another time - when time isn't an issue. Otherwise, file the permit and pay the fee.

Ian

digbydog

We had the same exact same situation with my son who went to university in Europe on a green card. We did the rentry permit as an insurance policy just in case he ran over the "6 month rule" for some reason. You will need to do biometrics for the rentry permit so that's another trip back if he is in France.

Whilst he was in Europe my son came back to the USA to do the biometrics for naturalization and then came back for the oath ceremony. After the ceremony he immediately applied for his USA passport and flew back to Europe the next day on another passport. We sent his USA passport by FedEx to Europe so he could get back into the USA on his next trip home.

Seems complicated but its not. Just keep track of the days spent out of the USA and you will be fine.

At immigration he was asked why he was away and he told them each time he was at university and they waved him through with no issue. Never asked to see proof of bank accounts, driving license etc. I guess there are a lot of students taking advantage of cheap European university fees

az2014

I thought it was a big no-no for a USC to not use a US Passport when exiting and entering the USA?