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pernia07 · Jun 25, 2008, 09:11 AM

Hello, my mother is a permanent resident and she claimed my brother, 15, and myself, 19, last year on February of 2007. But it seems to take more than two years so my parents decided to go back to our country so I can start college. We bought the tickets for the coming July 17. My Question, Do I need to fill anything before taking the plane back to my country? What is the penalty for Leaving the US? (I’m in process by the Department of Immigration?) Thanks to any help or advices.

lawanwadee · Jun 25, 2008, 10:46 AM

Originally Posted by pernia07

Hello, my mother is a permanent resident and she claimed my brother, 15, and my self, 19, last year on February of 2007. But it seems to take more than two years so my parents decided to go back to our country so I can start college. We bought the tickets for the coming July 17. My Question, Do I need to fill anything before taking the plane back to my country? What is the penalty for Leaving the US? (I’m in process by the Department of Immigration?) Thanks to any help or advices.

What is your status in US? How did you enter the country? Did you and your brother overstay the visa?

If what you mentioned "moving back to our country" means a permanent stay outside US, this will be a big mistake. Permanent residents must stay in US at least 6 months a year, and cannot stay outside US 6 months a year forever. If there is urgency and one needs to leave US for a longer period of time, he/she must submitted re-entry permit to USCIS and get approval before leaving. This permit is good for 2 years.

In short, if your mother is moving back to your home country permanently, her greencard will be revoked.

I would recommend consulting an experienced immigration attorney before leaving, otherwise she may not be allowed to enter US again.

pernia07 · Jun 26, 2008, 09:02 AM

I stayed longer than the time the visa gave me, but my mom is a permanent residence so she claimed me and my brother. On February of 2007 we obtained I-130 petition. My parents don’t want to be in the United States anymore because of health issues (they have free health back in Venezuela) they already bought the tickets, so if I stay I going to be living with my big brother, who is a citizen, and his wife. So I took the decision of getting my college in Venezuela, it is free too. What is going to happen when I arrived to the airport? Do I need to fill a document or I’m free to take the plane with no inconvenience? Thanks for helping me out.

lawanwadee · Jun 26, 2008, 10:13 AM

Overstay your visa and have I-130 petition filed are different stories.

The point is if your parents are moving back permanently, I-130 will be automatically canceled as soon as their greencards are revoked.

If you want to stay in US, you must have your brother who is US citizen file I-130 for you BUT since this is not going to be the first preference group (US citizen filing for parents or children), but may be 3rd or 4th depending on your age, it will take about 10-12 years.

Besides, if you choose to proceed with I-130, you must not overstay your visa, if you already did, consult the attorney immediately.

If you choose to return to Venezuela, you will not be able to return to US again, even on visitor's visa.

Anyway, I agree with you that healthcare in US is really bad and extremely expensive.

pernia07 · Jun 26, 2008, 10:33 AM

Eventually, when I arrived to JFK airport in New York what is going to happen before I take the plane? Do I have to follow any kind of process before departure (leaving US)? Am I going to have problems causing delays? Thank you very much for you help

lawanwadee · Jun 26, 2008, 10:37 AM

If you mean upon departure, nothing would happen. Airline staff will take I-94 (little white paper attached to your passport when you arrived in US) and you're free to go.

If you mean coming back from Venezuela, you will be ground at immigration office at the airport, and you will be send back on the next available flight... you must pay for your own return flight too.

pernia07 · Jun 26, 2008, 10:47 AM

Thank you so much for all your help, I feel better having knowledge of what is going to happen, once again thanks for everything and I wish you a splendid day.
- Pernia07