Re-entry after 3 years for wife and child

[pinegreen]

Hi,

I posted this in the past but for some reason it didn't go past moderator. Me and my wife both have GC since 2012 and they expire in 2022. Through I've been employed by a big US gov't institution. My wife, however, moved to UK in 2014 for a new job and last visited US in fall 2014. In 2015 our first child was born in London. As I said, I'm employed in the US and while I de facto live in UK, I come here about 8 times a year for 2 week stings. I enter via global entry so don't even talk to immigration officer. We paid taxes and declared her UK income on our US taxes in all year. Now with Brexit we are thinking of moving back and my wife is looking for a job here. What is the best way to proceed? I was thinking of first going by myself with the child and he will hopefully get his greencard on entry. My wife would then travel in separately. Would that work? What happens if they deny her entry based on the fact that she wasn't here for so long. Are there options where she looses GC, but then reapplies given that she continues to be my wife and I am a GC holder?

Any info or opinion would be valuable. Thanks,

a

[newacct]

Hi,

I posted this in the past but for some reason it didn't go past moderator. Me and my wife both have GC since 2012 and they expire in 2022. Through I've been employed by a big US gov't institution. My wife, however, moved to UK in 2014 for a new job and last visited US in fall 2014. In 2015 our first child was born in London. As I said, I'm employed in the US and while I de facto live in UK, I come here about 8 times a year for 2 week stings. I enter via global entry so don't even talk to immigration officer. We paid taxes and declared her UK income on our US taxes in all year. Now with Brexit we are thinking of moving back and my wife is looking for a job here. What is the best way to proceed? I was thinking of first going by myself with the child and he will hopefully get his greencard on entry. My wife would then travel in separately. Would that work? What happens if they deny her entry based on the fact that she wasn't here for so long. Are there options where she looses GC, but then reapplies given that she continues to be my wife and I am a GC holder?

Any info or opinion would be valuable. Thanks,

a

She could try to enter. They may let her in with a warning, or may not let her in. If they don't want to allow her in, they would ask her to sign I-407 to voluntarily relinquish her permanent residency; and if she declines, they can temporarily let her in and give her a notice to appear in removal proceedings in immigration court. She would then have a chance to argue to the immigration judge in immigration court that she didn't abandon residence. If the judge agrees then it's fine; otherwise she should ask for voluntary departure and leave, and you would petition her to immigrate from scratch as your spouse. Note that the spouse of a permanent resident is in the F2A category with a 2 year wait for visa numbers.

Another problem is your child. A child born abroad to a permanent resident mother can be admitted as an immigrant without an immigrant visa if the child is brought to the US for the first time under the age of 2 and accompanied by a permanent resident parent on that parent's first return to the US after the child's birth. If your child was born in 2015, he/she is already at least 2, and it sounds like he/she hasn't come to the US yet, so they can no longer take advantage of this provision and need to get an immigrant visa. I believe your child can follow to join you as a derivative beneficiary, even though he/she was born after you became a permanent resident, because he/she was born of a marriage that existed before you became a permanent resident; that way, he/she won't have to wait 2 years for F2A. Though if the mother needs to wait 2 years abroad for F2A and you want the child to stay with the mother, then the child can also immigrate as the mother's derivative beneficiary.

[pinegreen]

Hi newacct,

Thanks for this information, it is extremely useful. I didn't know about the 2yr rule for children (I thought it is free until adulthood), but it is too late now. One further question: do I first try to sort out an immigration visa for my son and then proceed with my wife or first try to get her in and proceed based on what happens with her entry? Or it doesn't matter? It does seem like I need an immigration attorney in any case even if just to sort out paperwork for my son, correct?

Thanks again,

a