Legal Question in Immigration Law in Florida

protracted stay abroad of a child under 16 with a green card

Can a child under 16, who has a green card, stay outside the USA for a period longer than a year and preserve his permanent residency (green card) status, if he returns in the USA before tha age of 16? Does he have to apply for some kind of visa or do anything special on his rerun? Is he eligible for naturalization between the age of 16 and before he is 18, provided that one of his parents is naturalized and the other one is a permanent resident? According to the Foreign Affairs Manual Chapter 9, 42.22 he should be allowed to stay abroad for an indefinite period of time before he is 16, as he is not considered to possess a will or intent separate from that of his parents. URGENT!!


Asked on 8/23/02, 4:40 am

1 Answer from Attorneys
Fariba Faiz Law Offices of Fariba Faiz

Re: protracted stay abroad of a child under 16 with a green card

1. Generally an LPR may not stay abroad for more than one year without advance permission from INS. Depending on the circusmtances, one may have an exception such as the case of a minor. The issue would be whether one has intended to abandon their permanent resident status, and a decision would be rendered by an INS officer or consular officer. But this should NOT be raised as an issue voluntarily, and one must be careful not to be tricked into signing an I-407 if they really had not intended to abandon their US residency. A minor is afforded some protection due to their status, per the FAM section cited, in case this issue is raised, but again, it should not be volunteered.

2. Yes. The US citizen parent can apply for the minor's citizenship.

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Answered on 8/23/02, 1:37 pm


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