Children's under 21 GC is dependent on parents? If parents lost theirs, will they lose GC as well?

D

dempo

New Member
Hello,

My sister applied for green card for my family (me, my wife and 3 kids), so all of us, except my oldest son who is over 21 got green cards last year and we have been travelling several times to the US. One of the 3 kids is currently working in the US so there's no problem there.
The thing is I don't plan to live in the United States, but my children do. If I don't go back to the United States anymore, will they think that I give up my green card? How do they know that?

Without my green card, will my children still be able to keep theirs? I'm concerned especially because my youngest son is only 15. If I lose my green card, will he lose his green card too? Does someone has to be above a certain age to be able to keep the greencard without depending on the parents?

Thank you in advance for the help!
 
How old are your two other kids? Remember this simple requirement, you are a green card holder, and you are required to reside in the US to maintain your green card. If you decide to move back to your home country, apply for a re-entry permit, which will make sure your green card doesn't die a slow death. The re-entry permit should be applied while you are in the US, as it requires I believe finger prints, and then you can go home. Do you plan to file for US taxes?

Each person in your household who has a green card, the green card is independent of yours. If you lose your green card, as long as your kids maintain their residency in the US, they won't lose their green cards. When you board the plane, your passport is scanned and transmitted to Custom and Border Patrol computers system. The information is electronically stored, the day you return to the US, your green card is going to be swiped by a border agent, which will quickly pull up your last trip as you left the US. For example, let us say you leave the US on Dec 15, 2010 and plan to return on Dec 14, 2014, CBP will know you have been abroad for 2 years, and might take away your green card at the Port of Entry or schedule a hearing before a judge. As a green card holder, you cannot disappear from USCIS system, every person travel is available at a click of a button.
 
Its better if you surrender your GC voluntarily, it will have no effect on your kids status even if they are under 18.
You may also choose to get a RP. With a RP you can stay upto 2 years out of US. Circumstances change and 2 years will be enough for you to decide what you want to do after that.
 
Your youngest son is only 15. Will HE be leaving the U.S. also? He may be most at risk if he is forced to remain abroad as a member of your household. If you don't want to come back, then surrendering the card is the better way to go for YOU, but your son's case is independent of yours now. He may want to get a re-entry permit. Spend your money wisely on the fees for the right individuals.
 
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