there is any way to send my daughter back for some years ?

[prasila 2]

hello everyone,

one of my friend getting confusion in one situation so i try to help him about this. father/mother and 3 years daughter got diversity visa 1 month ago. they came here and got green card, social everything. now they try to work but because of baby its not so easy. my friend want to send back her daughter with her grandparents for few years until she grown up but it is possible to send back for log time with maintaining green card status ? please, if somebody has any idea. help us. thank you all.

[TBoneTX 46,435]

Thread moved from the "Moving to the US" forum to the Working & Traveling forum.

[NigeriaorBust 4,087]

The best way is for her to give up the green card, and then when they are ready they will an I130 about 2 years before if they are still LPR's or if they become USC about a year.

[NikLR 13,232]

Or just deal with the fact you have a child to raise and life isn't easy?

[Dakine10 5,452]

hello everyone,

one of my friend getting confusion in one situation so i try to help him about this. father/mother and 3 years daughter got diversity visa 1 month ago. they came here and got green card, social everything. now they try to work but because of baby its not so easy. my friend want to send back her daughter with her grandparents for few years until she grown up but it is possible to send back for log time with maintaining green card status ? please, if somebody has any idea. help us. thank you all.

The green card becomes invalid for re-entry after one year. A re-entry permit can be used for re-entry for up to 2 years. You can apply for a re-entry permit using I-131, application for travel. The permit should be obtained before leaving the USA.

Even with a re-entry permit, it is possible to be denied re-entry. As a general rule, the permit creates the presumption that an LPR does not intend to abandon US residence but it's not an absolute indication. Obviously it's easier to determine with an adult if they abandoned residence or not. I'm not sure what specific issues they would look at with a very young child.

[Boiler 46,398]

Or just deal with the fact you have a child to raise and life isn't easy?

Like most Muricans.

[Dakine10 5,452]

Or just deal with the fact you have a child to raise and life isn't easy?

Perhaps having the child live with the grandparents is the best way to deal with it. We don't really know what the situation is. It's common in many cultures that the grandparents provide a major part of the care for preschool children. Ideally grandma and grandpa live next door but unfortunately that's not always the case. I'm sure it's not an easy decision. I wouldn't presume it's a decision they are making lightly.

[NikLR 13,232]

Perhaps having the child live with the grandparents is the best way to deal with it. We don't really know what the situation is. It's common in many cultures that the grandparents provide a major part of the care for preschool children. Ideally grandma and grandpa live next door but unfortunately that's not always the case. I'm sure it's not an easy decision. I wouldn't presume it's a decision they are making lightly.

No one said they were taking it lightly? People manage with children and jobs all the time. You chose to move here, this is part of the deal.

I know exactly how it feels to miss out on your child's life on a day to day basis. I don't know if I would change what is, but I know that when both parents are there, they should figure it out IMHO. Before school your child needs you to be there for them. I remember being 3 and 4 and I'm 35. This child will likely remember being sent away from their parents and wonder forever if they did something wrong or were bad. How traumatizing! Meanwhile the parents are like, hey we can both work and get our feet under us, this is best for our child as much as we miss her. Children do not think financially; they think in terms of time spent, love, and discipline.

Also to note, that grandparents who do not also work, and are major caregivers for under school age children have a higher rate of heart attacks.

As part of a green card, they can do it for up to 2 years max with a re-entry permit, which hopefully would grant re-entry but isn't guaranteed. This is likely their best bet because anything else is financially and time wise, just a waste.

A green card is for living in the USA, not visiting and not for living later. It's still possible that even with a re-entry permit to be denied entry because you may need to prove you didn't abandon residency in the USA. It's possible that sending your child to live with their grandparents may be considered that. But that's speculation and only trying would answer that question.

The other option is to reapply for the child but that can take years. It's about 2 years for an LPR to petition a child, and 1 year for a USC. It will take at least 5 years for the parents to become USC. The child leaves and the green card must be abandoned asap if they plan on petitioning her as LPRs. Then they have to petition for the child to come back again right away if they want her back in time for school. It costs more money and time, which, is if the point of being better off financially, you've just wasted more money on something you already had.

Unless the re-entry permit route works (which is entirely probable) it's possible the child is staying out of the country at least 2, and possibly 6+ years without her parents.

Edited March 20, 2016 by NLR

[Boiler 46,398]

Focus on US immigration is supposedly family reunification, this seems to have the opposite effect.

[Dakine10 5,452]

No one said they were taking it lightly? People manage with children and jobs all the time. You chose to move here, this is part of the deal.

I know exactly how it feels to miss out on your child's life on a day to day basis. I don't know if I would change what is, but I know that when both parents are there, they should figure it out IMHO. Before school your child needs you to be there for them. I remember being 3 and 4 and I'm 35. This child will likely remember being sent away from their parents and wonder forever if they did something wrong or were bad. How traumatizing! Meanwhile the parents are like, hey we can both work and get our feet under us, this is best for our child as much as we miss her. Children do not think financially; they think in terms of time spent, love, and discipline.

Also to note, that grandparents who do not also work, and are major caregivers for under school age children have a higher rate of heart attacks.

As part of a green card, they can do it for up to 2 years max with a re-entry permit, which hopefully would grant re-entry but isn't guaranteed. This is likely their best bet because anything else is financially and time wise, just a waste.

A green card is for living in the USA, not visiting and not for living later. It's still possible that even with a re-entry permit to be denied entry because you may need to prove you didn't abandon residency in the USA. It's possible that sending your child to live with their grandparents may be considered that. But that's speculation and only trying would answer that question.

The other option is to reapply for the child but that can take years. It's about 2 years for an LPR to petition a child, and 1 year for a USC. It will take at least 5 years for the parents to become USC. The child leaves and the green card must be abandoned asap if they plan on petitioning her as LPRs. Then they have to petition for the child to come back again right away if they want her back in time for school. It costs more money and time, which, is if the point of being better off financially, you've just wasted more money on something you already had.

Unless the re-entry permit route works (which is entirely probable) it's possible the child is staying out of the country at least 2, and possibly 6+ years without her parents.

I agree with what you say. Have personal experience too. If they were asking for opinions in that context, I would have answered that. I don't think that was the question they needed answered. What you posted this time is what they needed to see. Before they go ahead with this decision, they need to be informed and understand the consequences. But if that's choice they make, they need to do it correctly.

[SusieQQQ 11,587]

want to send back her daughter with her grandparents for few years until she grown up

What exactly does this mean? The child is 3, it will be a lot longer than "a few years" until she is "grown up". Do they mean a few years, in which case she will be about 6 and this can be done via 2 consecutive re-entry permits - though will probably disadvantage her with beginning school - or do they actually mean until she is a teenager or adult? In this case there is no way to keep residency as it will go beyond the maximum # of re-entry permits allowed and they will have to abandon her green card and reapply at the time. Also if it is the latter, not to be morbid, but I assume grandparents means they will need to have a plan B in case of the grandparents passing as they would not be immediately able to bring her over.

Edited March 21, 2016 by SusieQQQ