My nephew who is barely 4 yrs old together with his mom and dad were granted an immigrant visa. they left for USA on Dec. 2010. On April 2011, my nephew came back to the Philippines so his parents can work. For how long can my nephew stay here in the Philippines. When does he need to go back to USA?
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....he needs to return to the u.s. in less than 6 months. once he is back in the u.s. if he wants to leave again, his parents need to file form I-131 re-entry permit and once that is approved he can be out of the u.s. for up to 2 years and not lose his status. After that he must return and he must spend at least 6 months per year in the u.s. to maintain his status. If his parents become a u.s. citizen while he is here in the u.s. and he is still under 18, he will automatically become a u.s. citizen also. I hope this helps clarify.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Thank you so much for that answer. I hope you don't mind my follow up question. what will happen to my nephew's resident status if he is not able to go back to USA within six months? God Bless you
No problem...nothing will happen to it, but if he stays out of the u.s. more than one year without a re-entry permit he risks losing his permanent resident status. I hope that helps clarify. God bless you also.
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