Legal Question in Immigration Law in Ohio

My sister and her family just immigrated into the U.S.A. by Feb.1 2010. but she and her husband will be going back to China for good. but her son only 15 year old now and will be staying at U.S.A. and going to school question is :

1. what are they need to do before they departure the U.S.A.? Are they need to do any paperwork for her son? because her son only 15 year old, not Adult yet.but will be stay with his Uncle family.

2. After they going back to China, they are not working at the U.S.A. that means no evidence show they have any income at the U.S.A. and her son is a full time student at school. can her son applying any benefit from the school or government

Asked on 4/09/10, 5:36 pm

1 Answer from Attorneys

Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Your sister is at great risk to lose her permanent residence and depending on how and when certain facts occurred, the 15 year old's permanent residence is also in jeopardy. There are different kinds of paper work which could apply to them. They might qualify for re-entry permits, though these applications must be filed while they're here and they must be here for fingerprinting. There is also a form for certain employees of companies abroad which accumulates time lived abroad toward US citizenship. Both these should be explored.

Finally, the child must not be a public charge and whomever filed the affidavit of support for his permanent residence would be liable for years to come depending on when he begins work or becomes a US citizen. After 40 quarters of work (10 years) or naturalization (5 years), then the liability on the affidavit of support ends. Also, if it was foreseeable that he would become a public charge, there might be a review of the permanent residence for this reason, though this possibility is unlikely. He is eligible to receive benefits which are not means based, such as certain scholarships without problem.

The above is general information, it is not case specific advice and doesn't form an attorney client relationship. For further information see my website at, or communicate with me at: 818 609 1953 or [email protected].


Alice Yardum-Hunter, Attorney, Certified Specialist, Immigration & Nationality Law

Bd. of Legal Specialization

State Bar of CA

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Answered on 4/15/10, 8:56 am

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