Green Card

U.S. Visas: Re-entry permit usage and H-4 visa work

In a July column a reader who owns a green card asked about a long-term (more than one year) absence from the U.S., and how he could preserve his permanent resident status here during his time away.

We advised the person to apply for, prior to his departure, an I-131 re-entry permit from the U.S. Citizenship and Immigration Service. The permit allows permanent residents to reside outside of the U.S. for up to two years without jeopardizing legal status.

While the re-entry permit allows for long-term absence, immigration attorney (and Morrison visa creator) Bruce Morrison contacted us to further point out that those holding re-entry permits must also adhere to the other requirements of permanent resident status during their time away – i.e., the maintenance of a U.S. domicile which is intended as a permanent abode, and compliance with U.S. tax law.

Visa sponsorship - early application

“I have what might seem like a bizarre question. I have a son in America who just received a green card; he married an American citizen, and is very happy. My daughter here in Ireland is almost 16 years old and wants very much to live in the U.S. when she completes her studies. We have done lots of research on how to get her a visa, and it seems as if my son, when he eventually becomes a U.S. citizen, will be able to sponsor her for a green card. But on the downside, it will take many years to process. I had a thought – can he submit the paperwork for his sister right now, even though he still is not a citizen? My reasoning is that by the time she would be called for a green card, he would have earned his U.S. citizenship. Starting the paperwork now would eliminate a good portion of the waiting time in the future, it seems to me. Can this be done?”

Definitely not. Your son will have to wait until he actually becomes a U.S. citizen – once he’s married for three years to his wife he can apply, and it shouldn’t take more than a few months to process, provided he meets all requirements – in order to initiate the sponsorship process for his sister.

Re-entry permit usage

In a July column a reader who owns a green card asked about a long-term (more than one year) absence from the U.S., and how he could preserve his permanent resident status here during his time away.

We advised the person to apply for, prior to his departure, an I-131 re-entry permit from the U.S. Citizenship and Immigration Service. The permit allows permanent residents to reside outside of the U.S. for up to two years without jeopardizing legal status.

While the re-entry permit allows for long-term absence, immigration attorney (and Morrison visa creator) Bruce Morrison contacted us to further point out that those holding re-entry permits must also adhere to the other requirements of permanent resident status during their time away – i.e., the maintenance of a U.S. domicile which is intended as a permanent abode, and compliance with U.S. tax law.

In the U.S and want to stay - visa options

“I am Irish, and I’m currently legally living and working in Florida. My current visa is up in December, and like many Irish people here I do not want to return home at the moment.

100 questions U.S. naturalization - part 2

Following is the last of our annual two-part summer feature on the 100 questions U.S. naturalization candidates can be asked during a citizenship interview, as provided by the U.S. Citizenship and Immigration Service.

Here are the last 50, with acceptable answers. For more information on naturalization, visit www.uscis.gov.