Re-entry for Lawful Permanent Resident under 18 years old

[nyawi]

I am a single mum to a now 17 year old daughter.I immigrated to the U.S with my daughter in 2008 on a diversity immigrant visa i.e greencard lottery,which means that once I became a lawful permanent resident in the U.S,my daughter also automatically became a Lawful permanent resident and was issued her own greencard and SSN.Her greencard is still very much valid but is due to expire in 2019.However,she had to leave the US sometime in late 2014,because she went to start high school in my country of origin,but now I want to bring her back this year for a short visit,and also so that I can apply for a U.S passport for her.(Sorry I forgot to mention that I got naturalized last year 2016,so she can be able to obtain citizenship through me before she turns 18).My only worry is,with all the immigration changes with the new administration,I cannot seem to find any current information on whether there are any laws/restrictions, on continuous residence in the US for Lawful Permanent Residents under 18,because I am not sure if my daughter will be able to re-enter the US after being out for almost 3 years,even though her green card is still very valid.Your help and information is much appreciated.

[abumiqdad]

This is just my thoughts, other senior forum users might know better.

1. she could try entering the USA with that GC, but her status as LPR is in question as she has left the USA for more that 2 years, without Re-entry permit. Still if she was to be brought to the immigration judge, there might be an argument to make that she is actually a citizen now considering that she is your biological child and under INA 320, she gains citizenship automatically when she is in your care (US citizen).

2. If you are worried, petition for her (i 130), meaning she has given up her LPR status and GC, and needs a new petition, however, once she has that visa, and entered the USA, to get that I 551 stamp, she can apply for a US passport the moment she stays with you (INA 320 as well)

[newacct]

there might be an argument to make that she is actually a citizen now considering that she is your biological child and under INA 320, she gains citizenship automatically when she is in your care (US citizen).

No, because the person must be physically present in the US as a permanent resident in order to get citizenship under INA 320. If she is admitted back to the US as a permanent resident, and is still under 18, she would get citizenship automatically through INA 320 at that time.

[abumiqdad]

No, because the person must be physically present in the US as a permanent resident in order to get citizenship under INA 320. If she is admitted back to the US as a permanent resident, and is still under 18, she would get citizenship automatically through INA 320 at that time.

If the daughter's LPR status is challenged by the officer at port of entry and referred the case to the immigration judge, at the time , the daughter would have been let in into the USA using that GC right? so the daughter would still be under I 551. Is my assumption correct?

[newacct]

If the daughter's LPR status is challenged by the officer at port of entry and referred the case to the immigration judge, at the time , the daughter would have been let in into the USA using that GC right? so the daughter would still be under I 551. Is my assumption correct?

I think she would be paroled, not admitted.

[abumiqdad]

I think she would be paroled, not admitted.

ah okay. that's a bummer

[anne2319]

After getting a Green Card

Hello,
After getting my conditional permanent resident or GC last May 2017, do I need to apply for a re-entry permit (Form I-131) if I travel outside the US for 3 weeks this coming October 2017?

[inadmissible]

nyawi's daughter should schedule an appointment with the US consulate abroad for a Returning Resident Evaluation. The Form DS-117 submission fee is a modest $180. Yes, mum can just as easily petition for daughter to get a new immigrant visa, but daughter may not get it quickly enough to return to the United States before her 18th birthday in order to derive mum's citizenship

Daughter should study 9FAM502.7-2 carefully https://fam.state.gov/fam/09FAM/09FA....html#M502_7_2

Highlights pertinent to this case:

"The term “temporary” cannot be defined in terms of elapsed time alone. The intent of the alien, when it can be determined, will control."

"Students who wish to retain LPR status should present evidence of a definitive graduation date. Even prolonged absences from the United States may be considered temporary if the LPR can present evidence of a receipt of a degree within a definitive time. You should take into account whether students return to the United States at the end of each academic term, or whether they have family still living in the United States."

"An alien child under the age of 16 years is not considered to possess a will or intent separate from that of the parents with regard to a protracted stay abroad. Accordingly, the residence of a child under 16 follows that of the parent(s) unless you conclude that the parents have a separate intention for the child to return to the United States for residence."

[nyawi]

I think she would be paroled, not admitted.

Thanks for the input,but what does it mean she would be paroled ad not permitted?

[abumiqdad]

Thanks for the input,but what does it mean she would be paroled ad not permitted?

"In the immigration context, the term “parole” has a very specific meaning. A person who has been “paroled” has not been “admitted” to the U.S., nor have they made an “admission” under the immigration law. This is true despite the fact that the individual (“parolee”) is permitted physical entry into the U.S. following inspection by an immigration officer. A parolee is not “admitted” because most often s/he is inadmissible to the U.S. "

So in essence, the person HAS NOT BEEN ADMITTED INTO THE USA but granted entry for the sake of being scheduled to appear in front of an immigration judge.

Therefore, the person is not under any visa status at that time - hence I 551 visa is not applicable for that person (to claim citizenship based on the US Citizen parent).