Maintaining green card while being out of USA

[flyby001]

Hello all. Greetings. I plan to file my I 485 soon as I am current. My daughter is a junior and would be going to university in Aug 2013. How ever she plans to do her graduation in India and return back for her post graduation. I plan to file the 485 for self, wife and daughter along with the EAD and travel documents.

If say I get my green card by Mar 13, how can I maintain the status of my daughter since she will be away for 4 years probably making a couple of visits to us in this four year period. On which documents will she be able to enter USA when she comes here on her holidays.

Thanks and hoping for a quick reply

[flyby001]

Can someone please answer me.

Thx.

[Belle]

You (actually, not you - your daughter) need advice of a good attorney. You need to very carefully consider the options. This may get complicated.

[habeebulla]

Re-Entry Permit. Permit is valid for 2 years and can be renewable. However, this is based on valid reasons to stay abroad. I am not sure whether education is a valid reason or not. Since some family members are in US, I don't think it would be an issue.

Good luck to get you GC on hand before your plan dates. Sometimes, less expectation minimizes disappointment.

[habeebulla]

Please see Chat answer. Looks like a perfect match.

Question: Can a GC holder (child) study in India without having a reentry permit?

Answer: Generally, for a minor child, the intention of the parents is imputed to the child until the child reaches majority. So, if the parents are settled in the U.S., the child is more likely to be able to retain his/her GC than if the parents have relocated abroad with the child. In that case, the least that the parties can do is to file the reentry permit. The reentry permit is a necessary document for reentry if the child has been abroad for a year or more. Merely filing and even obtaining the reentry permit does not result in the person being allowed back into the U.S. as a permanent resident, as this is a discretional matter for the CBP inspector, depending upon ties to the U.S. and the reasons for going abroad. May-15-2006.

[MayEB2I]

I guess she should spend atleast 6months in US each year. Do you think thats a possibility?

[flyby001]

Is my question some thing out of the blue. Can nobody answer it.

Murthy attorney's, can you please. Would appreciate some quick answer.

Thx.

[flyby001]

Spending 6 months is out of question as she plans to study in India.

[flyby001]

Thanks for all the answers. Just one more small issue. As I understand the entry permit is given for two years at a time and there should not be a big problem for my daughter to enter with it and her green card since me and my wife would be here with the green card.

My first question is if I apply for a renewal of the entry permit how long will it take. Second question is what are the valid reasons on which the entry permit can be applied. I understand from one of the members that education in India may not be a valid reason.

Hoping for a answer. Regards

[MayEB2I]

Will she be older than 18 when she leaves US(for her graduation)?

The starting age might be important.

[gorantlamk]

Education in India seems to be a good reason for re-entry permit. It will have a fixed time limit, She will have ties in USA ( parents) . Its better to have her admission letter to have on hand while applying for permit.

Good luck.

[flyby001]

She will be 17 Yrs and 11 months. How about some answer to my other questions in case you know.

My first question is if I apply for a renewal of the entry permit how long will it take. Second question is what are the valid reasons on which the entry permit can be applied. I understand from one of the members that education in India may not be a valid reason.

Thanks

[habeebulla]

Research forum/chat/google. You will get more info. processing time depends on which service center you apply. check the center's current time chart.

http://www.uscis.gov/USCIS/Resources/B5en.pdf

[flyby001]

Thanks