Can a minor conditional permanent resident stay in the Philippines temporarily?

[beatrice25 3]

Hi! My friend and her 7 year-old daughter are conditional permanent residents. They received their green card and my friend’s employment authorization in March 2020. Unfortunately, the USC husband (petitioner) passed away. Now, my friend and her daughter are left here with nothing  (since she has not worked yet) and with no families/relatives to help or support them. 

 

She wants to work but she cannot leave the child in the apartment by herself. Especially with most schools going online, it will be almost impossible to leave the child alone. She thought of bringing the child back to her mom in the Philippines temporarily.
 

I am not familiar with the re-entry permit and the laws regarding minor conditional permanent residents. Tried researching online but I can’t really find anything that applies to minor children. Will the child risk losing her green card if she stays in the Ph in the meantime? Is there any truth to the 12-month rule? That as long as she comes back before the end of her 12-month, she’ll be okay? Is a re-entry permit necessary to have before she leaves? 

[geowrian 22,337]

There aren't really special rules for minors here.

A single trip under 12 months is unlikely to be an issue. Multiple extended trips outside of the country can become an issue.

Once somebody passes 12 months abroud, there is a presumption that permanent residence was abandoned.

 

A re-entry permit allows staying abroad for up to 2 years at a time without the time alone being being a basis for determining permanent residence was abandoned.

That said, a re-entry permit would only be valid for up to the end of their existing green card's validity, since it is under 2 years already (as a conditional resident). So it may not have any real value here depending on the actual timeline.

[RandR16 8]

I sent my daughter back to Philippines while she has conditional green card. She stayed over 2yrs. I became USC I just filed i130. No issue, its already approved just waiting for NVC to schedule interview appointment 

[geowrian 22,337]

Yes, refiling is another option, assuming they can still sponsor them (due to finances, age, etc.).

But I think the OP's focus was on retaining their permanent residency status.