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Re-entry Permit And/or Other Options

Discussion in 'Keeping your green card' started by EY Chew, Jan 9, 2015.

  1. EY Chew

    EY Chew New Member

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    Hello Ron,

    Thanks for your time on these forums, here is my case in brief :

    - I have been in the US for 8 years (F1 -> OPT -> H1B)
    - My EB2 ROW based I-485 application is pending (AOS was filed August 2014 at TSC)

    It was my intent to stay back in the United States, unfortunately my father passed away back home 3 weeks ago. Ultimately,I would like to be with my mother back home for a while we figure out what's next (I move back home to a different job, or I ask my company if I can work from home for a few months etc.)

    Given existing timelines I am expecting I-485 approval in the next 1-2 months, and I had some questions surrounding maintaining my Green Card. Given the amount of time and effort put into obtaining the GC, I would like to obtain it before I head home and figure out what's next.

    1. Should I apply for a re-entry permit as soon as I get it, and how long does that process take?
    2. Is there no need for me to apply for one if I head out of the country for 6 months while I figure out what's next? I may stay back home/ Or I may come back to the United States - at this point it is all unknown
    3. Is it OK for me to leave immediately once I get my GC or is that considered not wanting to maintain my GC. As I said, circumstances are forcing me to head back.
    4. As for ties to the United States, I do not own any property, but have bank accounts, credit cards etc. the usual things one would expect for having been there for 8 years.

    I may have more questions once you respond, so again thanks for your time in advance.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should consult with counsel to determine your best course of action. There are a number of options available to you and you need to explore all of them to determine what is best.
     
  3. Sajeev Kumar

    Sajeev Kumar New Member

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    Hi Ron, I am in a similar situation and would like to obtain some advise on this. I will call your office to setup an appointment in this regard. Additionally wanted to check if once I receive my greencard, are there any provisions through which one can apply for greencard (Other than F4 category) for the suriving parent in an expedited category immediately? (Humanitarian or other considerations?)
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Humanitarian parole is about the only option, and that is a real longshot.
     
  5. Sajeev Kumar

    Sajeev Kumar New Member

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    Thanks Ron. One additional question -- Are there any provisions in law through which my cousin sister (my first cousin - her mother and mine are siblings) who is a US Citizen, can apply to sponsor a green card for my mother?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    U.S. citizens may sponsor their parents, spouses, and siblings. The sibling waiting list, however, is about ten years.
     
  7. Sajeev Kumar

    Sajeev Kumar New Member

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    Thanks. But can a US citizen apply for GC for parent's sibling as well? I am presuming NO from your response above.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You are correct, they can't.
     

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