My daughter's GC

M

mjdev

New Member
I am in the process of getting my GC through DV Lottery. I have an 8 yo daughter entitled to obtain her GC; her mother and I are no longer together but she agrees upon our daughter to proceed with the GC and to split time in both countries. While being 8-10 yo she will spend more time with her mother and will travel to USA with me about 2 months in / 10 months out. After that she will spend 1 year in / 1 year out.

My questions: ¿Is this feasible? ¿Will she get her GC removed? ¿Are the POE officials less rigid with children cases?
¿Getting a reentry permit for the fist two years will relieve matters? ¿Should I renounce obtaining her GC now to apply for a Family based GC in two years time?

Thank you in advance!
 
A reentry permit would preserve her green card for the first 2 years. After that you can get another reentry permit for another 2 years (although it would be a bit more risky). If you remain in the US nearly all the time when she's out, that would help to preserve her GC if they give her a problem.

Once you become a US citizen, she could then derive US citizenship through you, which would remove the worries about losing her status due to spending too much time abroad.
 
Thank you very much, Jackolantern.
I am considering filing the reentry permit in our first entrance. Another option would be to wait until a POE officer complains (in fact she is not going to be away for spans longer than a year). Can an officer retain the GC at the POE without a previous warning ? Is the reentry permit a document that has to be rendered upon rentrance? Or is it a document to keep and to be used every time she enters the USA?
 
Can an officer retain the GC at the POE without a previous warning ?
Click to expand...
Yes, they can physically take it away without a warning, but they can't revoke it on the spot. After confiscating the green card they'll send individuals to an immigration judge at a later date, and the judge will make the decision to revoke the card or return it.

The reentry permit doesn't have to be shown after absences of less than a year, unless the Immigration officer specifically asks for it or otherwise gives a hassle about the long trips.
 
Thank you. Summarizing I can see three options for her:
1. Get GC and risk revocation.
2. Get GC and file for reentry permit immediatly.
3. Do not get GC. Enter USA with tourist visa.

I will think about it. I wish these cases (a child has only one LPR parent) had a special treatment.
 
Last edited by a moderator:
Well, they usually would get special treatment as children - less scrutiny/questioning, especially if traveling as an unaccompanied minor. It's hard to say how it would go. When she is only a new LPR, she might be easily forgiven long trips, especially due to her age. If she's questioned, and she can answer, maybe saying that she's splitting time between two parents would work easily with the IO. If you can afford an RP, go for it. In the end, even if her GC is revoked, you can sponsor her easily when she's slightly older.
 
mjdev said:
3. Do not get GC. Enter USA with tourist visa.
Click to expand...

If she doesn't already have a tourist visa, she probably won't be able to get one. With her being a minor with a permanent resident parent, it will be extremely difficult to convince the consulate that she won't stay in the US permanently.
 
You must log in or register to reply here.
Top