Can a minor abandon status?

[dvddvd 0]

USCIS issues reentry permits, but CBP are the gatekeepers at the ports of entry. If a returning LPR has been absent for more than a year, and does not have a reentry permit, the CBP will presume they have abandoned their residency. It's up to the LPR to convince the CBP that they have not. The immigrant should be prepared to show proof that they have maintained their residence in the US, that their absence was intended to be less than 1 year (i.e., extraordinary circumstances prevented them from returning), and there is a valid reason why they could not apply for and obtain a returning resident visa at a foreign consulate.

CBP has two options in this case. The first option is they could seize the green card and deny the immigrant entry, which means they'd be placed on a plane back to their home country. The second option is they could admit them temporarily, and refer them to an immigration hearing (what is referred to in the text you quoted from the USCIS web site) to determine if they should be deported. Neither of these would be a pleasant experience for a 16 year old kid.

The stress free solution is to obtain a returning resident visa in Thailand.

Do you think a minor can abandon their residency (her mother hasn't)? She basically ran away because she didn't want to return the USA. Looking for the best way to approach the matter at the embassy. (yes, we'll be talking to a lawyer)

dvd

[Bobby+Umit 161]

Do you think a minor can abandon their residency (her mother hasn't)? She basically ran away because she didn't want to return the USA. Looking for the best way to approach the matter at the embassy. (yes, we'll be talking to a lawyer)

dvd

Did a quick Nexus-Lexus search -

Case

Mr. Amir-Moezi lived in the United States as an LPR for a few months in 1993. While he was a sixteen-year-old minor and still in the custody and control of his parents, his parents departed the United States and returned to Iran. When petitioner attempted to re-enter the United States in 1999, relying on his prior LPR status, he was detained as an immigrant not in possession of a valid immigrant visa or other travel document. See 8 U.S.C. § 1182 (a)(7)(A)(i)(I). An immigration judge (IJ) found that Mr. Amir-Moezi had abandoned his LPR status and ordered him removed to Iran. R. at 71-75. The BIA affirmed the decision of the IJ and issued a final order of removal, agreeing with the IJ that petitioner's parents' intention to abandon their LPR status must be imputed to petitioner. Id. at 4-5. The BIA further denied petitioner's motion to reopen and remand.

You could use the defense that the petitioning parent is still in the US, did not abandon the LPR status, and it (LPR status/residence/domicile) should still be imputed to the child.

[Darnell 8,478]

What is so hard about getting a re-entry permit from US Consulate in Thailand?

Well, lets see - ya gotta get an appointment to go in.

Then ya gotta fill out a form.

Then ya gotta pay a fee.

and that's it.

You'll prolly want to prepare some letter of attestation as to 'why' she was in Thailand for a year, something convincing.

I strongly suggest going the 're-entry permit' route, and NOT taking other chances without it at the POE.

Good Luck, whatever you decide to do.

[Created 6]

Thanks for all of the responses.

Based on what I just read at uscis.gov -

If you stay outside of United States for 1 year or more and did not apply for a reentry permit before you left, you may be considered to have abandoned your permanent resident status. If this happens, you may be referred to appear before an immigration judge to decide whether or not you have abandoned your status. If you are in this situation, contact the U.S. consulate about a returning resident visa.

Correct me if I read the above wrong, but it seems like a reentry permit is not required, but the lack of one does open the door to possibly losing status. Somebody is going to have to make that status determination. (at the poe or at the consulate in Thailand)

At this point, I think we are going to chance it. We'll be risking denial either way and think our odds are better if she is standing in the US before they decide. We have a couple more months before we have to make a final decision.

Thanks again.

Wow! I really can't belive what I'm reading. The CHILD seems to have you running in circles! Only problem is, the USCIS does not jump to her tune! Or anybody elses for that matter. You have extremely sound advise here....I would suggest you use it.

[JimVaPhuong 4,863]

Did a quick Nexus-Lexus search -

Case

You could use the defense that the petitioning parent is still in the US, did not abandon the LPR status, and it (LPR status/residence/domicile) should still be imputed to the child.

This case is only applicable in an indirect way. Mr. Amir-Moezi's visa was derivative of his father's work visa, and his LPR status was derivative of his father's status. When his father abandoned his status, that abandonment had to be imputed on everyone who derived status from his.

dvddvd's step-daughter also derived her visa and status from her mother's visa and status. Her mother has maintained her status, which means she remains eligible to have derivative status, but her derivative status is not automatic, and she is still able to abandon it independent of her mother. When they remove conditions, then there will be no more strings attached between her mother's status and her own status, meaning if her mother abandoned her residency then it would not have to be imputed on the daughter. However, either the mother OR daughter could still independently abandon their status.

What is so hard about getting a re-entry permit from US Consulate in Thailand?

Well, lets see - ya gotta get an appointment to go in.

Then ya gotta fill out a form.

Then ya gotta pay a fee.

and that's it.

You'll prolly want to prepare some letter of attestation as to 'why' she was in Thailand for a year, something convincing.

I strongly suggest going the 're-entry permit' route, and NOT taking other chances without it at the POE.

Good Luck, whatever you decide to do.

Technically, it would be a returning resident visa. A re-entry permit application has to be made before you leave the US.

[Darnell 8,478]

Jim - ah - thanks for the clarification. I keep humming 'SB-1 and DS-117' in my head, though, about this.. That's what them fellas at GUZ use. my apologies for my confusion.

[dvddvd 0]

This case is only applicable in an indirect way. Mr. Amir-Moezi's visa was derivative of his father's work visa, and his LPR status was derivative of his father's status. When his father abandoned his status, that abandonment had to be imputed on everyone who derived status from his.

dvddvd's step-daughter also derived her visa and status from her mother's visa and status. Her mother has maintained her status, which means she remains eligible to have derivative status, but her derivative status is not automatic, and she is still able to abandon it independent of her mother. When they remove conditions, then there will be no more strings attached between her mother's status and her own status, meaning if her mother abandoned her residency then it would not have to be imputed on the daughter. However, either the mother OR daughter could still independently abandon their status.

Technically, it would be a returning resident visa. A re-entry permit application has to be made before you leave the US.

Thank you Bobby.

Thank you Jim.

Your posts and efforts have been extremely helpful and appreciated.

Take care,

Dvd