2 kids US permanent residents went back to Philippines for school. Never came back to US, alien card expired. Reapply for I130?

Green Cards 4 views 5 answers
My friend's kids were granted visa with alien card. Both kids went back to Philippines for school and never came back to US for several years until the alien card expired. Father is a US citizen. Should the dad reapply for I130? Thank you for your help.

Attorney Answers

5
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Based on the length of their absences it will be a fair bet to assume that by now they are deemed to long since "abandoned" their permanent residency in the USA. Consequently, it will be best for the father to reapply for each one of them anew, on Form I-130 to USCIS.
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Donald Smith ·
Depending upon the circumstances and the facts. The kids may be able to return to the US as LPRs.
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J. Jae LeeImmigration AttorneySchaumburg, IL ·
Hi, extended overseas stay beyond one year is regarded as abandonment of one's green card. Their US father can petition for them by filing an I-130.
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Karen-Lee PollakImmigration AttorneyDallas, TX ·
Based on the limited facts it would be best for dad to reapply as they probably have abandoned their permanent residency.
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Mark Robert BarrImmigration AttorneyDenver, CO ·
If all of the following are true: * the kids were previously admitted into the U.S. as lawful permanent residents before turning 18; * the children's father was, or became, a U.S. citizen before the kids turned 18; * the kids were living in the U.S. in the legal and physical custody of their U.S.citizen father; * the kids were under 18 as of February 27, 2001-- then the kids may have automatically acquired U.S. citizenship. If that is the case, then no, they wouldn't need to go through the I-130 process again. Instead, they would simply apply for U.S. passports to return to the U.S.. Good luck! Mark
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