

MEMBER OF THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION
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3. Ask Visalaw.com
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 am a U.S. citizen. I applied for a green card for my husband. His kids entered the US on F2 visas as dependents of their father, who held an F1 student visa. I petitioned for him, but my attorney only had me apply for him, not his kids. Are their visas now canceled because their father got his green card?
ANSWER:
Yes. The children are now out of status. When your husband because a US permanent resident, his F-1 status ended. As their F-2 status was dependent on him maintaining his F-1 status, when he became a permanent resident, they fell out of status.
However, as long as the marriage took place before the children’s' 18th birthday, and as long as the children are still under 21, you can still file petitions for the children as Immediate Relatives. Since their last entry into the US was a legal entry with a visa, the fact that they have fallen out of status should not bar them from being able to get a green card as an immediate relative.
Please note that this exception to the rule only applies to immediate relatives, which are the spouse, parent, or unmarried child under 21 of a US citizen.
2) QUESTION:
I have been permanent residents since 2008. I will be graduating from high school soon and am planning on going back to India for college. What must I do so that I can keep US permanent residence while I am in college?
ANSWER:
US permanent residents must continue to maintain the US as their primary residence or they risk abandoning their status. Here are some tips on how a US permanent resident can maintain their status while they are studying abroad:
- Obtain a Reentry Permit and return to the US before it expires. The Reentry Permit is only valid for 2 years. Do not stay abroad beyond the expiration date on the reentry Permit; The foreign national must be in the US when they apply for a new Reentry Permit;
- Continue to use parents’ US address as primary residence;
- File U.S. tax returns or have parents’ list foreign national on their tax returns. Be careful that the foreign national should not be listed as a nonresident on the tax returns;
- Where possible the foreign national should return to the US at least once every 11.5 months. Even better is if the foreign national can return to the US at least once every 5.5 months;
- The foreign national should not purchase a home abroad;
- The foreign national should not take employment abroad;
- The foreign national should keep their US driver’s license current.
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