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  • Options to Return to US

    Hi Everyone,
    Appreciate any input or suggestion anyone might have on our situation.

    I am Filipino, currently here in the US on L1B Visa with my family. I have2 children. One was born here in the states and is a US citizen. The other was born in PH. We have been here for 3+ years and about to return to PH.

    My questions are:
    1. What are our options that we may return to immigrate here someday? We are planning to have both our children study college in the states.
    2. For our US Citizen child, is there a requirement from US government that he return to the states for a certain amount of time each year?
    3. For our SSA benefits., will they remain as is even if I am not in the US anymore and is not contributing?

    Thanks to anyone who could provide insight.

  • #2
    I assume that the US born child is the younger child. She can travel to and from the United States at her pleasure

    When she is 21, she will be able to petition for her parents to immigrate to the United States. Immigrant visas will be immediately available for you both. She will also be able to petition for her older sibling. Assuming current wait times hold into the future, the older sibling would wait 24 years for an immigrant visa to become available on that basis, whether she gets married or not

    Once you obtain your immigrant visa and enter the United States, you or your spouse yourselves can petition for the older child to immigrate. As long as she does not get married, she would wait 11 years for an immigrant visa to become available. However after 5 years of permanent residence, and your spouse will become eligible to apply for naturalization. This would help the child receive an immigrant visa a few months sooner. It would also allow he to obtain an immigrant visa on this basis if she chooses to get married, however she would then wait for 23 years for her immigrant visa to become available.

    It takes about a year to issue an immigrant visa once it becomes available, so I expect your entire family to be back in the United States when your youngest child is age 34, if she remains single. Your eldest child could potentially be able to immigrate sooner through marriage to a US citizen

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