Legal Question in Immigration Law in New York

Dear Sir/Madam,

I was working for UN in New York and transferred to UN in Cambodia over a year ago. Recently we got our passports with Immigrant Visa granted on my birhtday in Augest, 2009. The DV Invitation letter was received in April, 2009. My elder son studies in NY while we, with our younger son, live in Cambodia.

We are planning to come to NY for 3 weeks in mid September or end of October. I don't know what to do next and seeking your advice if you have any. Here is what I need to achieve during my 3-week visit:

1. Apply Green Cards and Reentry Visa so that I can keep working for UN in Cambodia

2. Apply petition for my elder son who was not entitled in this DV

3. My younger son's is now in 12 grade and I don't want him missing lessons for 3 weeks - does he really need to stay in NY for 3 weeks?

Thank you very much for your advice,

S. Myint


Asked on 8/19/09, 10:46 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

As a permanent resident of the USA you have to permanently reside in USA, not merely visit for 3 weeks. You have to establish residency in USA, pay taxes as a resident every year (even if residing abroad), don't stay abroad longer than a year (or you can loose your residency), etc.

Yes, you and your son must both come to USA with your Immigrant visas in order to become permanent residents and receive your green cards.

When you are in USA, you may consult a US immigration lawyer and see what you can do in order to petition for your older son and preserve your residency.

Please let me know if you have any additional questions - Attorney [@] law-visa-usa.com

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Answered on 8/24/09, 12:12 pm


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