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Step-daughter with 2yr green card has been out of the country for 11+ months

By dvddvd in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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dvddvd Explorer

dvddvd   0

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
Posted

My 15 year old step-daughter, who came on a k-2 visa, has been out of the country since June. She basically refused to return back to the USA after a summer trip to Thailand. She is now expressing a desire to return to the USA in June. Do you think she will be allowed entry? Her green card will still be valid. I'm hoping that since she's so young ... that the "rules" won't apply as strictly to her. Does anyone have experience with this type of situation?

Thanks,

DVD

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

My 15 year old step-daughter, who came on a k-2 visa, has been out of the country since June. She basically refused to return back to the USA after a summer trip to Thailand. She is now expressing a desire to return to the USA in June. Do you think she will be allowed entry? Her green card will still be valid. I'm hoping that since she's so young ... that the "rules" won't apply as strictly to her. Does anyone have experience with this type of situation?

Thanks,

DVD

rules are rules.... she needs to return before 1 year has lapsed or she will need a re-entry permit which is too late to get as it needed to be applied for before she departed....

YMMV

aleful Veteran

aleful   1,905

Posted
Filed: Citizen (apr) Country: Argentina
 Timeline
Posted

My 15 year old step-daughter, who came on a k-2 visa, has been out of the country since June. She basically refused to return back to the USA after a summer trip to Thailand. She is now expressing a desire to return to the USA in June. Do you think she will be allowed entry? Her green card will still be valid. I'm hoping that since she's so young ... that the "rules" won't apply as strictly to her. Does anyone have experience with this type of situation?

Thanks,

DVD

ditto,

she must return before the year, and even so they migth give her problems but they will let her through. Rules are rule, the residency is considered abandoned after a year. It doesn't matter how old you are.

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

I like to spank her too for not listening to her mom, verbally, of course, but the good news is that as a K2 she has residence where her mom has her residence, so if questioned, she didn't abandon her US residence. She merely wanted to see all of her friends one more time and spend some time with them before focussing on school in the US.

She might be questioned, but she will get through without a scratch.

On that note, tell her to look like a "nice" young girl, not somebody with a spider tatoo in her face and more piercings like a pin cushion. And to be "nice" to the CBP Officer, as well. She wants the Officer to have a good impression of her. Think school uniform, one notch toned down.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

I like to spank her too for not listening to her mom, verbally, of course, but the good news is that as a K2 she has residence where her mom has her residence, so if questioned, she didn't abandon her US residence. She merely wanted to see all of her friends one more time and spend some time with them before focussing on school in the US.

She might be questioned, but she will get through without a scratch.

On that note, tell her to look like a "nice" young girl, not somebody with a spider tatoo in her face and more piercings like a pin cushion. And to be "nice" to the CBP Officer, as well. She wants the Officer to have a good impression of her. Think school uniform, one notch toned down.

#1) She is no longer a K-2

#2) Residence and Residency are two different things. I have a residence in Ukraine, but I am not a resident of Ukraine

Edited by payxibka

YMMV

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Let's nick-pick. No problem.

As a minor US resident, her US residence is where her mom's residence is. Since her mom presumably did not abandon her residence, nor her residency, she won't have any problems returning to her residence and maintain residency.

Happy now?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

dvddvd Explorer

dvddvd   0

Posted
Filed: K-1 Visa Country: Thailand
 Timeline
  • Author
Posted

Let's nick-pick. No problem.

As a minor US resident, her US residence is where her mom's residence is. Since her mom presumably did not abandon her residence, nor her residency, she won't have any problems returning to her residence and maintain residency.

Happy now?

Thanks for the response(s). I'm still open to more advice/info on this one.

Thanks again,

DVD

 
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