In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.
If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
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1) Question:
I have a green card and have been living in the U.S. since 1991. I applied for citizenship but don’t know if I’ll have my passport in time for an upcoming trip abroad. Do I need a re-entry permit or any other documentation to re-enter the U.S.?
Answer:
If your trip will be shorter than 180 days you shouldn’t need a re-entry permit. As long as you will be traveling before you are sworn in as a U.S. citizen, you can continue to travel on your green card. You will need to tell USCIS about your trip abroad at your naturalization interview (or at the oath ceremony if you have already had your interview). Once you have been sworn in as a U.S. citizen, your green card is no longer valid and you will need a U.S. passport to travel.
2) Question:
I am a Permanent Resident. I filed an I-130 for my daughter. The priority date has just become current. While we were waiting for the priority date to become current my daughter married and then subsequently divorced. Did the marriage automatically cancel the petition or did the subsequent divorce keep her eligibility under the 2B category?
Answer:
U.S. Permanent Residents can only file immigrant petitions for their unmarried children. When a Permanent Resident petition (I-130) is filed for a child under the F2A or F2B categories the petition becomes automatically revoked if the child marries. The petition remains invalid even if the child later divorces. However, if the petitioner becomes a U.S. citizen before the child marries, the petition will remain valid.