Minor Child Out of U.S.A More Than Six Months But Less Than One Year

[todNasmeen 0]

Last July 2011, I went with my 12 year old son to the Philippines. Both of us are already 10 year greencard holder. I left my son in the Philippines to go to school there and he will be coming back to the U.S. by May 2012 and at that time he will be 13 years old. My question is: Is there any problem for him coming back in the US? He is only less than a year (11 months) out from the U.S. and I did not apply him a re-entry permit. Now, I am planning to have a my friend bring him back here which she is also a greencard holder. Does anybody here has the same situation? I will be giving my friend who will travel with my son an authorization letter notarized, what other papers do I need to give her? Is the Immigration in the Philippines will stop my son for travelling abroad because he is more than six (6) months staying in the Philippines?

Please advice. Thank you very much for all your input, I really appreciate it!

Asmeen

[Deputy Purple 1,294]

Please reduce the size of your font.

Your son will most likely be okay if this is the first time but if you repeat this pattern then you can expect that at some point CBP may determine that he isn't maintaining his residence in the US which would become a problem.

[Oksana & Max 94]

Please reduce the size of your font.

Your son will most likely be okay if this is the first time but if you repeat this pattern then you can expect that at some point CBP may determine that he isn't maintaining his residence in the US which would become a problem.

Actually I disagree!

Many people wrongly believe that to keep your green card all you need to do is enter the U.S. at least once a year. The fact is that if you ever leave the U.S. with the intention of making some other country your permanent home, you give up your U.S. residency when you go. The border officials will look at your behavior for signals that your real place of residence is not the United States.

As a general rule, if you have a green card and leave the United States for more than one year, you may have difficulty reentering the country. That is because the U.S. government feels that an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do return before one year, you may run into trouble. To avoid a full-scale inspection, return within six months.

On the other hand, remaining outside the U.S. for more than one year does not mean you automatically lose your green card. If your absence was intended from the start to be only temporary -- for example, you left for vacation, but had a head injury and forget who you were for a year -- you may be able to argue to keep your permanent resident status. However, you may no longer use your green card as a U.S. entry document. You must have what is known as a reentry permit, or you must apply at a U.S. consulate for a special immigrant visa as a returning resident.

[todNasmeen 0]

Actually I disagree!

Many people wrongly believe that to keep your green card all you need to do is enter the U.S. at least once a year. The fact is that if you ever leave the U.S. with the intention of making some other country your permanent home, you give up your U.S. residency when you go. The border officials will look at your behavior for signals that your real place of residence is not the United States.

As a general rule, if you have a green card and leave the United States for more than one year, you may have difficulty reentering the country. That is because the U.S. government feels that an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do return before one year, you may run into trouble. To avoid a full-scale inspection, return within six months.

On the other hand, remaining outside the U.S. for more than one year does not mean you automatically lose your green card. If your absence was intended from the start to be only temporary -- for example, you left for vacation, but had a head injury and forget who you were for a year -- you may be able to argue to keep your permanent resident status. However, you may no longer use your green card as a U.S. entry document. You must have what is known as a reentry permit, or you must apply at a U.S. consulate for a special immigrant visa as a returning resident.

Hi there! Is this applies to the minor child also? My son is ONLY less than a year out of US...

Please reduce the size of your font.

Your son will most likely be okay if this is the first time but if you repeat this pattern then you can expect that at some point CBP may determine that he isn't maintaining his residence in the US which would become a problem.

Hi Bob,

I try to minimize the font but I do not know where to edit it.. I am very sorry for this.. Can you help where should I go to edit the topic that I just posted? Thank you soo much!

[Oksana & Max 94]

Hi there! Is this applies to the minor child also? My son is ONLY less than a year out of US...

It applies to the green card holders regardless of ages. As long as he returns within 6 month, there is no issue. I just don't think you want him to loos a green card because of this time.

[Deputy Purple 1,294]

Actually I disagree!

Many people wrongly believe that to keep your green card all you need to do is enter the U.S. at least once a year. The fact is that if you ever leave the U.S. with the intention of making some other country your permanent home, you give up your U.S. residency when you go. The border officials will look at your behavior for signals that your real place of residence is not the United States.

As a general rule, if you have a green card and leave the United States for more than one year, you may have difficulty reentering the country. That is because the U.S. government feels that an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do return before one year, you may run into trouble. To avoid a full-scale inspection, return within six months.

On the other hand, remaining outside the U.S. for more than one year does not mean you automatically lose your green card. If your absence was intended from the start to be only temporary -- for example, you left for vacation, but had a head injury and forget who you were for a year -- you may be able to argue to keep your permanent resident status. However, you may no longer use your green card as a U.S. entry document. You must have what is known as a reentry permit, or you must apply at a U.S. consulate for a special immigrant visa as a returning resident.

I agree with the "you may run into trouble" but I doubt they'd deny entry for a minor LPR on the first absence of less than a year when their LPR parent maintained residence in the US and the child was attending school in their home country.

I would agree that if the child will continue to go to school abroad then they should obtain a re-entry permit every time they will be out for more than 6 months to avoid future problems.

@OP, you can't edit the original post any longer.

Edited October 17, 2011 by Bob 4 Anna

[todNasmeen 0]

I agree with the "you may run into trouble" but I doubt they'd deny entry for a minor LPR on the first absence of less than a year when their LPR parent maintained residence in the US and the child was attending school in their home country.

I would agree that if the child will continue to go to school abroad then they should obtain a re-entry permit every time they will be out for more than 6 months to avoid future problems.

@OP, you can't edit the original post any longer.

Hi Bob ^O^

THANK YOU ^O^ very much for your positive response. This is the first time my son went to the Philippines, I just stayed in the Philippines for three (3) weeks. I left my son to stay their to let him remember our dialect and appreciate the things he has and to stay grounded and to NOT forget our native language. Again, thank you very much and good luck to you and Anna! By the way, my husband and I met also in the internet

[Jojo92122 1,924]

The LPR child will be fine. Do not worry. It's fine for your son to come back in May 2012.

The LPR child would only run into trouble if the CBP officer makes a preliminary determination that he abandoned his LPR status. With an LPR parent maintaining a US resident, it's a uphill battle for the CBP to make that determination.

Furthermore, children cannot make the legal decision as to where they will live. That decision belongs with the parents. Does your 13 years old have the legal right to determine his resident??? NO. It's the parents' decision.

Be careful with travel outside the US. You've done the right thing by coming here for advice.

Even if the CBP officer determines your son has abandoned his LPR status, he does not have the authority to revoke the green card. At the least an immigration judge has to make that determination. Why go through this when the minor child's parent send him temporarily out of the country?????

[todNasmeen 0]

The LPR child will be fine. Do not worry. It's fine for your son to come back in May 2012.

The LPR child would only run into trouble if the CBP officer makes a preliminary determination that he abandoned his LPR status. With an LPR parent maintaining a US resident, it's a uphill battle for the CBP to make that determination.

Furthermore, children cannot make the legal decision as to where they will live. That decision belongs with the parents. Does your 13 years old have the legal right to determine his resident??? NO. It's the parents' decision.

Be careful with travel outside the US. You've done the right thing by coming here for advice.

Even if the CBP officer determines your son has abandoned his LPR status, he does not have the authority to revoke the green card. At the least an immigration judge has to make that determination. Why go through this when the minor child's parent send him temporarily out of the country?????

Good morning Jojo

THANK YOU!! VERY MUCH! Awesome response... Your answer made me relieved for all the worries that I felt for my son upon his return here in the U.S. Again, THANK YOU VERY MUCH! :dance: :thumbs:

[Brother Hesekiel 2,236]

I was about to say that Gary of Gary and Alla fame would be the guy to talk to, but JoJo covered it already.