Legal Question in Immigration Law in California
my friends daughter who is a 14 years old girl was out of the country for 10 mos. and she is coming back this febuary travelling as unaccompanied minor she is a legal pemanent resident or greencard holder currently,would she be questioned upon her entry here after 10 mos. of stay in china? she was left behind there that long coz she was grounded by her parents for being hadrheaded and other things id really hope i can help my frined out for any advice thx and more power to your site
3 Answers from Attorneys
Yes, she can be questioned and can be selected for secondary inspection.
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There's a rebuttable presumption against her, but with proof of what happened, she should be able to return here, assuming she otherwise is admissible to the U.S. It would help if she presents evidence of her situation upon entry to the U.S. with legal argument how she retained her permanent residence.
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Sincerely,
Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law
State Bar of CA, Bd. of Legal Specialization
Hello:
Her Green-Card is good for entry if she has not been gone for one year. Thus, she will probably be questioned, but as long as her intention was always to reenter the U.S., she can legally enter. She should not sign any document which asks her to voluntarily relinquish her residency.