Will my daughter lose her residency?

[tangomamasita 0]

Hi,

Both my daughter and I received our 10 year green card recently, and I have since gotten a divorce and I'm trying to survive on my own.

Since I can't afford to take care of her, I sent my daughter back to San Salvador to go to school and have my mom take care of her.

How long can she be out of the country before she risks losing her green card? Are there any waivers I can file?

Any advice appreciated!

[RICARDO4EVA2 195]

  On 4/9/2011 at 7:17 PM, tangomamasita said:

Hi,

Both my daughter and I received our 10 year green card recently, and I have since gotten a divorce and I'm trying to survive on my own.

Since I can't afford to take care of her, I sent my daughter back to San Salvador to go to school and have my mom take care of her.

How long can she be out of the country before she risks losing her green card? Are there any waivers I can file?

Any advice appreciated!

she can stay outthe country for 1 year without risk... she can stay out the country for 2 years if she comes back to the USA and applies for a Re-entry permit...!

[tangomamasita 0]

  On 4/9/2011 at 7:19 PM, RICARDO4EVA2 said:

she can stay outthe country for 1 year without risk... she can stay out the country for 2 years if she comes back to the USA and applies for a Re-entry permit...!

So like this..?

* [Jan 2011] USA -> San Salvador

* [Dec 2011] San Salvador -> USA

* [Dec 2011] Apply for Re-entry permit

* [Jan 2012] USA -> San Salvador

* [Jan 2013] San Salvador -> USA

And no problemas por mi chiquitita?

When she comes back to the USA in Dec 2011 to apply for a re-entry permit, how long does she have to stay? A month, two months ..?

Thanks!

[Brother Hesekiel 2,236]

I disagree. She just got her Green Card. If she now leaves for almost a year, comes back for a short while and leaves again for a long time, CBP will eat her alive.

[JimVaPhuong 4,863]

  On 4/9/2011 at 7:33 PM, tangomamasita said:

So like this..?

* [Jan 2011] USA -> San Salvador

* [Dec 2011] San Salvador -> USA

* [Dec 2011] Apply for Re-entry permit

* [Jan 2012] USA -> San Salvador

* [Jan 2013] San Salvador -> USA

And no problemas por mi chiquitita?

When she comes back to the USA in Dec 2011 to apply for a re-entry permit, how long does she have to stay? A month, two months ..?

Thanks!

Permanent resident status is for people who reside in the US. If a CBP officer ever concludes that an LPR is no longer living in the US then they'll revoke their green card.

There are some circumstances that will cause CBP to automatically assume that someone has abandoned their residency, and seize their green card. Examples are staying outside the US for more than a year without a reentry permit, or staying outside the US more than two years with a reentry permit.

Beyond that, the CBP officer has discretion to determine if the LPR has abandoned their residency. Their general policy is to look for evidence that an LPR might have abandoned their residency after any single absence of six months or more, or multiple absences of any length with only brief periods of return.

I think they are less likely to make a discretionary determination that an LPR has abandoned their residency if the LPR is a child attending school abroad, and has a parent who remains in the US. Just make sure she isn't gone more than a year without first obtaining a reentry permit. When questioned by a CBP officer she should say she's living with her mother in the US, and staying with her grandmother while she's in school. If the CBP officer ever presumes it's the other way around then she'll lose her green card.

[Boiler 46,396]

A CBP Officer does not have the authority to take away someone's PR status.

[RICARDO4EVA2 195]

  On 4/10/2011 at 1:09 AM, Just Bob said:

I disagree. She just got her Green Card. If she now leaves for almost a year, comes back for a short while and leaves again for a long time, CBP will eat her alive.

no sir. not at all. and she would have applied for a re-entry permit

  On 4/9/2011 at 7:33 PM, tangomamasita said:

When she comes back to the USA in Dec 2011 to apply for a re-entry permit, how long does she have to stay? A month, two months ..?

Thanks!

about 2 months

  On 4/10/2011 at 4:11 AM, Boiler said:

A CBP Officer does not have the authority to take away someone's PR status.

yea they see the judge

[Brother Hesekiel 2,236]

  On 4/10/2011 at 4:11 AM, Boiler said:

A CBP Officer does not have the authority to take away someone's PR status.

Correct.

But if CBPconcludes that the resident--while outside the US and begging to be let in again after a long absence-has abandoned her residency status, they are authorized to seize the Green Card and the offer 1 of 2 things:

1) Go into a detention center and wait for the judge to sign the deportation order, or

2) Surrender the Green Card voluntarily and be admitted as a non-resident.

None of this applies if someone is in the US. But if a Green Card holder is outside the US, returning, at the POE and not being admitted yet, the immigrant is in a very undesirable position. It's a power game, a mind game, psychological warfare, but very often it works.

[Boiler 46,396]

Much more likely:

3 Be released to appear before an IJ at a future date.

[JimVaPhuong 4,863]

  On 4/10/2011 at 5:13 AM, Boiler said:

Much more likely:

3 Be released to appear before an IJ at a future date.

CBP can refuse to admit them, confiscate the green card, and parole them into the US to appear in immigration court.

[RICARDO4EVA2 195]

All this is irrelevant as the child would apply for the re-entry permit before she leaves. The daughter just got her green card. She havent been doing this for a while.

[Brit Abroad 166]

Make an Infopass appointment and go discuss your daughter's educational requirements and your financial position with someone qualified to give you an expert opinion on USCIS' position on the matter. That way you will know for sure where you stand and won't be worrying all the time your daughter is away.

[GeoffandAnna 19]

  On 4/10/2011 at 3:09 PM, Brit Abroad said:

Make an Infopass appointment and go discuss your daughter's educational requirements and your financial position with someone qualified to give you an expert opinion on USCIS' position on the matter. That way you will know for sure where you stand and won't be worrying all the time your daughter is away.

Best advice I have seen all day!

[Casprd 167]

  On 4/10/2011 at 2:11 PM, RICARDO4EVA2 said:

All this is irrelevant as the child would apply for the re-entry permit before she leaves. The daughter just got her green card. She havent been doing this for a while.

No, it is all very relevant as if they have shown a pattern that is percieved as having given up their residency in the US and they are just using the green card as a way around a visa, it can be seized by the CBP. Having a reentry permit won't make a difference and it is only valid for a certain period anyway so reapplying for a new reentry permit will shine a big spotlight on the case.

bottom line is that green cards are for people who are legal permanant residents. If she is living with her grandmother and using the green card/reentry permit to return to the US once a year for a couple of months then she is not an LPR and you would be committing fraud. I understand that it is a difficult situation finanacially but the better and correct thing to do would be for her to give up the green card and when things are in a better position for you to support her, then you can submit the petition for her to get a visa to become an LPR again.

[RICARDO4EVA2 195]

  On 4/10/2011 at 3:09 PM, Brit Abroad said:

Make an Infopass appointment and go discuss your daughter's educational requirements and your financial position with someone qualified to give you an expert opinion on USCIS' position on the matter. That way you will know for sure where you stand and won't be worrying all the time your daughter is away.

when you're not familiar with the process.. then we'll see comments like this. not an info pass issue - friend;

  On 4/10/2011 at 4:07 PM, Geoff1068 said:

Best advice I have seen all day!

dont just follow.