Permanent Green Card Holder Overstay outside of US

[cimemaca 0]

Hello All,

 

I hope this is the right place to post my question.

 

I married an us citizen, me and my daughter (16) received a permanent Green Card. We came here from Germany. Last year in February, my daughter got in contact with her biological father after 14 years and he told her that he wants to be part of her life, so she decided to give it a chance and went back to Germany to live with him. I told her not to do that but as a teenager, she did not listen, her love to him was greater which I understand. At the beginning everything was great but then the problems started, and her biological father just left her at her grandma's and disappeared again. She hoped that he will come back again, as she always hoped, but nothing happened. I wanted to have her back here as soon as possible but her grandma also started to brain wash her against me and allowed her everything and bought her whatever she wanted just to keep her there. But her grandma cannot really take care of her. I tried to get in contact with the social services and police, but could not do anything since I am not there. Somehow her grandma took to decide about my daughter over everything without my authorization and I have another 3 year old son and was not able to travel to Germany and do something. After my daughter realized that her dad has abandon her again and is not coming back, and that she still needs her mum at her side, she wants to come back to us in USA. But I am afraid since she is 1 1/2 year already outside from US, that she will have problems to get in US again. Does anybody know since I am her mother, have a sole custody over her and she is still underage, if she still can come back without any problems? And what are my rights as a mother and her rights if she gets any problems? Please let me know as soon as possible. Any help is appreciated!  Thank You so much! Nina

[R&OC 371]

Nina,

 

if you and her are on a permanent green card, perhaps seek out the help of the embassy in Frankfurt and ask what the options are? I would consult a lawyer as well and get as much information as possible.

 

If the worst came to the worst, could you have your husband petition her again?

[f f 725]

you will need to document that she was trying to return in the time she was over there. also how she got there is important since if you got her the ticket there they will ask why you did not get her one back. if it was her dad who got the ticket then it will be easier but you will still need to show you tried to get her a ticket. simply forgetting to come back will not be a valid reason but being a child who depends on adults if you can show that the adults were unable to get her back then mabye it will work. if you are a usc I would recommend filing a i130 for her soon incase she is deemed to have abandoned her residency.

 

now for the parenting part.

she is your child and your responsibility. I have a teenage child too and I do not let the child do what it wants all of the time. sometimes they get pissa off at me but I am responsible for looking out for thier best interests. be that no I won't get a sports car or you need to turn off the tv and get ready for bed now. moving to a different country to try to reconnect with a dad who dissappears from time to time would be no for me. mabye go for the summer and get to know him but at the very least make sure the child knows the risks of being outside the us for too long.

 

next time this happens and she is still a minor say no and do not get her a plane ticket or let her have the passport.

[Hypnos 6,576]

If she attempted entry on her current green card after being gone for 18 months, CBP would likely refer her to immigration court where they would ask an immigration judge to revoke her green card. Or they may ask her to sign away her green card at the airport. I'm not sure how it works with minors.

 

An SB-1 returning resident visa might be worth a shot, though she would need to be able to show the circumstances that caused her to remain outside the US were extreme and beyond her control. I'm not sure whether that applies here.

 

Worst-case scenario you can petition for her again under the F2A preference. it would take about two years for her priority date to become current in that circumstance.

Edited August 13, 2017 by Hypnos

[abum 324]

1 hour ago, Hypnos said:

If she attempted entry on her current green card after being gone for 18 months, CBP would likely refer her to immigration court where they would ask an immigration judge to revoke her green card. Or they may ask her to sign away her green card at the airport. I'm not sure how it works with minors.

 

An SB-1 returning resident visa might be worth a shot, though she would need to be able to show the circumstances that caused her to remain outside the US were extreme and beyond her control. I'm not sure whether that applies here.

 

Worst-case scenario you can petition for her again under the F2A preference. it would take about two years for her priority date to become current in that circumstance.

If your USC husband petitions for her (step/adopted daughter), it should take 1 year. Since her step father is a USC, she should have been a USC as well. Or is it only on the case of Adoption?

Still I wonder whether a child/minor is responsible for circumstances surrounding him/her (as in the child will usually follow/be in the care of one of the parents)?

And i am not sure if in the eyes of the law, she has always been in the care of her LPR mother (well the following act is for US citizen parent)?
 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

 

 "USCIS considers a U.S. citizen parent who has been awarded “joint custody” to have legal custody of a child. There may be other factual circumstances under which USCIS may find the U.S. citizen parent to have legal custody to be determined on a case-by-case basis."

So the child might have not abandoned her LPR status since the tie with the LPR mother who has custody over her? 

Just my speculation and i could be totally wrong.

 

[Hypnos 6,576]

I'm really not sure, though you're certainly right about the stepfather being able to petition faster than the mother could, if it came to it.