Legal Question in Immigration Law in New York

Child: NA3 GC holder, both parents: GC holders.

My son was born outside the US, was given NA3 category at POE and after we got his GC we had to leave on a job to overseas. I travel to US at least once in 6 months and my wife does once a year. We plan to come back to US for good in Fall, which means my son will be outside the US for about 18 months. Is that ok, given that his mother will travel at least once a year? Will he have whatever LPR status his mother has or does he have to travel at least once a year not to loose his status?


Asked on 2/07/12, 6:24 am

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

I need to know if you are a U.S. Citizen.

Derivative Citizenship

In some cases, people are U.S. Citizens and do not know it. In this case, it is possible for us to file what is known as a Derivative Citizenship Petition. It is a petition that if approved, will give proof of U.S. Citizenship. There is a significant amount of evidence that would be required for this type of petition, but if done properly, there is a reasonable chance of success.�

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Answered on 2/09/12, 1:39 pm


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