If Parent abandon GC will step son retain GC status

H

honeyhappy

Registered Users (C)
My step son and wife has the gc approved from last 4 years and are living with me. I am a citizen from last two years. My question is:
Will my step son (age10yrs) keep on enjoying the GC status if my wife (biological mother who has initialy filed as primarly applicant for GC application with him as dependent) leave USA permanently to start a business outside. In summary if my step son has legal status of GC and completes 5 yrs of stay in US, can independetly file for Citizenship or his status will be lost once his biological mother abandon her GC?
I know that he can not derive any benefit from step parents.
Thanks.
 
I'm not aware of any rule that says he'd lose his GC, but it is rather a strange situation because he's a minor and thus still needs to reside in the custody of a parent.

Maybe someone over in the 'Family GC' forum can give a better answer.
 
One or both parents can leave the US, and the child would still retain his GC if he remained in US (of course, he would still have to be in somebody's custody, such as an aunt or grandparent).
 
Thank Jackolaterns. Child is going to stay with step father do you think
1. we have to process the guardianship papers?
2. If he maintains his GC even after his parents have left, can his case be filed for citizenship (as he will still be 12yrs) by guardian once he completes his 5 yrs of GC residencey or he will be eligible to file independently.
 
honeyhappy said:
2. If he maintains his GC even after his parents have left, can his case be filed for citizenship (as he will still be 12yrs) by guardian once he completes his 5 yrs of GC residencey or he will be eligible to file independently.
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There is no ability to naturalize a child under 18yrs through the N-400 process. The way it normally works is the child derives automatic citizenship at the point when one parent naturalizes, however in this instance, the child would have to wait until 18yrs of age, and then apply on their own.
 
If you adopted him and then became a citizen, he would already be a citizen.

If not, you will need to adopt him or otherwise file some form of legal guardianship in order to continue to keep him with you while your wife is gone. Otherwise, with your wife's long-term absence his biological father may be able to claim custody, or certain authorities might determine that you don't have legal standing as a parent or guardian to make decisions for him (e.g. medical etc.). Once you adopt him, he may automatically become a citizen, but there are some ifs and buts around that which I am not familiar with so I can't give a definite answer.
 
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though may not be directly relavent question to immigation can someone point to me a site/ info on this site for minor child guardenship/ adoption procedure to be followed please. thanks
 
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