Permanenet Resident's Child Returning t0 US ?

[aaastircrazy 2]

My spouse has permanent resident status and has currently applied for removal of permanent resident conditions after 2 years residence. Immigration has automatically extended her residence/green card for one additional year while we wait for removal of conditions. My spouse lives here in US and has been here according to immigration laws since receiving her green card in 2010.

My spouse has a 12 year old child who also has permanent resident status (granted the same day as her mom) BUT the child has been staying with family in her home country for the past 18 months. She has been in Colombia since 05/2011 but with permanent USA resident status since 2010. My wife is planning to go to Colombia soon to bring her minor child back here once again to live in the USA with us permanently.

Will my wife and stepdaughter have any problems getting through customs in Colombia or USA because the minor child has been out of the country for 18 months? I believe that the time limit to stay outside the USA is 12 months with permanent resident status. My thought is that since both mother and child have permanent resident status and will be traveling back to the USA together that hopefully they will not have any trouble getting through customs. The only way customs can see she has been out of country for over one year is to look closely at the stamps in the child's passport. The mother's passort is fine. Otherwise everything is perfectly in order for the child's return.

What do you think? Any suggestions and/or feedback is greatly appreciated.

[Inky 1,111]

Moving from Bringing Family Members of Permanent Residents to America to Working & Traveling During US Immigration as the question is not about applying to bring a family member but traveling while already having PR status for both people.

Edited January 30, 2013 by Inky

[Jon and Krissy 452]

Why didn't you apply for a reentry permit at the time? That would have been good for two years. If they look at her passport closely at the U.S. entry point, they could send her back - it's been over a year.

My spouse has permanent resident status and has currently applied for removal of permanent resident conditions after 2 years residence. Immigration has automatically extended her residence/green card for one additional year while we wait for removal of conditions. My spouse lives here in US and has been here according to immigration laws since receiving her green card in 2010.

My spouse has a 12 year old child who also has permanent resident status (granted the same day as her mom) BUT the child has been staying with family in her home country for the past 18 months. She has been in Colombia since 05/2011 but with permanent USA resident status since 2010. My wife is planning to go to Colombia soon to bring her minor child back here once again to live in the USA with us permanently.

Will my wife and stepdaughter have any problems getting through customs in Colombia or USA because the minor child has been out of the country for 18 months? I believe that the time limit to stay outside the USA is 12 months with permanent resident status. My thought is that since both mother and child have permanent resident status and will be traveling back to the USA together that hopefully they will not have any trouble getting through customs. The only way customs can see she has been out of country for over one year is to look closely at the stamps in the child's passport. The mother's passort is fine. Otherwise everything is perfectly in order for the child's return.

What do you think? Any suggestions and/or feedback is greatly appreciated.

[aaastircrazy 2]

Why didn't you apply for a reentry permit at the time? That would have been good for two years. If they look at her passport closely at the U.S. entry point, they could send her back - it's been over a year.

we did not plan for the stay to be over one year. do you think the child being a minor and her mother having been in the US all this time and has maintained her status correctly might help get the child back here? i know its been over a year and i know i have a problem. i'm trying to figure out what to do about it. thanks for the reply..

[VanessaTony 3,567]

we did not plan for the stay to be over one year. do you think the child being a minor and her mother having been in the US all this time and has maintained her status correctly might help get the child back here? i know its been over a year and i know i have a problem. i'm trying to figure out what to do about it. thanks for the reply..

No, her mothers status is irrelevant.

The child has abandoned her status and when she attempts entry I believe she will either be denied entry or she will be paroled (permitted entry) to go before an immigration judge to explain why her card shouldn't be taken. It's unlikely she will enter without problem, but there's a small chance.

You could try applying for an SB-1 visa for her (returning resident visa) but you need to prove that staying out so long was unintentional.

[Nana098 18]

I think, your step-daughter will not have problem, because she is a minor and depends on your wife for everithing pertaining to immigration.Only to be included in its ROC form.

[aaron2020 11,651]

The child is fine.

Minors cannot make legal decisions. Thi includes abandoning LPR status. CBP will loll at the intent of the LPR parent in this case.

From a common sense approach, would a 12 years old abandon her LPR status when mom is an LPR?

Additionally, mom almost qualify for US citizenship so what would be the purpose to strip LPR status from the child?

Finally, only a judge can strip the child of her LPR status when she tries to renter the US. To appear before an immigration judge, she would be let into the US.

Stop scarying people with this nonsense that the child has lost her status when only an immigration judge can make that determination.

No, her mothers status is irrelevant.

The child has abandoned her status and when she attempts entry I believe she will either be denied entry or she will be paroled (permitted entry) to go before an immigration judge to explain why her card shouldn't be taken. It's unlikely she will enter without problem, but there's a small chance.

You could try applying for an SB-1 visa for her (returning resident visa) but you need to prove that staying out so long was unintentional.

Wrong.

Edited January 31, 2013 by aaron2020