Can my child reclaim PR when he turns 18 ?
Oct 5th 2004, 9:51 am
#1
Guest
Posts: n/a
Can my child reclaim PR when he turns 18 ?
I have been residing outside the USA for the last 1.5 years. Since my
original intent to return permanently to the US is not true anymore, I
plan to voluntarily relinquish my green card (and reentry permit valid
until August 2006) at the local consulate via the I-407 process.
However, what do I do about my son who resides with me. He is 9 years
old and also has a green card (and reentry permit valid until August
2006).
1. Am I (as legal guardian) required to subject him to the I-407
process too since he is unlikely to return to the US at least until he
is old enough to decide for himself ?
2. When he turns 18, can he reclaim rights to permanent residence
despite the prolonged absence from the US on the pretext that such
absence was not voluntary (i.e., it was his dad's decision to stay
out, not his and he had no choice) ?
Thanks
original intent to return permanently to the US is not true anymore, I
plan to voluntarily relinquish my green card (and reentry permit valid
until August 2006) at the local consulate via the I-407 process.
However, what do I do about my son who resides with me. He is 9 years
old and also has a green card (and reentry permit valid until August
2006).
1. Am I (as legal guardian) required to subject him to the I-407
process too since he is unlikely to return to the US at least until he
is old enough to decide for himself ?
2. When he turns 18, can he reclaim rights to permanent residence
despite the prolonged absence from the US on the pretext that such
absence was not voluntary (i.e., it was his dad's decision to stay
out, not his and he had no choice) ?
Thanks
Oct 5th 2004, 3:53 pm
#2
Guest
Posts: n/a
Re: Can my child reclaim PR when he turns 18 ?
Paul wrote on 10/5/2004 2:51:
>
> 1. Am I (as legal guardian) required to subject him to the I-407
> process too since he is unlikely to return to the US at least until he
> is old enough to decide for himself ?
Yes.
> 2. When he turns 18, can he reclaim rights to permanent residence
> despite the prolonged absence from the US on the pretext that such
> absence was not voluntary (i.e., it was his dad's decision to stay
> out, not his and he had no choice) ?
No.
-Joe
>
> 1. Am I (as legal guardian) required to subject him to the I-407
> process too since he is unlikely to return to the US at least until he
> is old enough to decide for himself ?
Yes.
> 2. When he turns 18, can he reclaim rights to permanent residence
> despite the prolonged absence from the US on the pretext that such
> absence was not voluntary (i.e., it was his dad's decision to stay
> out, not his and he had no choice) ?
No.
-Joe
Oct 9th 2004, 10:15 pm
#3
Guest
Posts: n/a
Re: Can my child reclaim PR when he turns 18 ?
On Tue, 05 Oct 2004 02:51:23 -0700, Paul wrote:
> I have been residing outside the USA for the last 1.5 years. Since my
> original intent to return permanently to the US is not true anymore, I
> plan to voluntarily relinquish my green card (and reentry permit valid
> until August 2006) at the local consulate via the I-407 process.
>
> However, what do I do about my son who resides with me. He is 9 years
> old and also has a green card (and reentry permit valid until August
> 2006).
>
> 1. Am I (as legal guardian) required to subject him to the I-407
> process too since he is unlikely to return to the US at least until he
> is old enough to decide for himself ?
No. But if you want him to preserve his GC, you should make sure he does
return to the US - send him to live with relatives or a boarding school or
the like.
> 2. When he turns 18, can he reclaim rights to permanent residence
> despite the prolonged absence from the US on the pretext that such
> absence was not voluntary (i.e., it was his dad's decision to stay
> out, not his and he had no choice) ?
No.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
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Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> I have been residing outside the USA for the last 1.5 years. Since my
> original intent to return permanently to the US is not true anymore, I
> plan to voluntarily relinquish my green card (and reentry permit valid
> until August 2006) at the local consulate via the I-407 process.
>
> However, what do I do about my son who resides with me. He is 9 years
> old and also has a green card (and reentry permit valid until August
> 2006).
>
> 1. Am I (as legal guardian) required to subject him to the I-407
> process too since he is unlikely to return to the US at least until he
> is old enough to decide for himself ?
No. But if you want him to preserve his GC, you should make sure he does
return to the US - send him to live with relatives or a boarding school or
the like.
> 2. When he turns 18, can he reclaim rights to permanent residence
> despite the prolonged absence from the US on the pretext that such
> absence was not voluntary (i.e., it was his dad's decision to stay
> out, not his and he had no choice) ?
No.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Oct 11th 2004, 8:32 am
#4
Guest
Posts: n/a
Re: Can my child reclaim PR when he turns 18 ?
Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
> On Tue, 05 Oct 2004 02:51:23 -0700, Paul wrote:
>
> > I have been residing outside the USA for the last 1.5 years. Since my
> > original intent to return permanently to the US is not true anymore, I
> > plan to voluntarily relinquish my green card (and reentry permit valid
> > until August 2006) at the local consulate via the I-407 process.
> >
> > However, what do I do about my son who resides with me. He is 9 years
> > old and also has a green card (and reentry permit valid until August
> > 2006).
> >
> > 1. Am I (as legal guardian) required to subject him to the I-407
> > process too since he is unlikely to return to the US at least until he
> > is old enough to decide for himself ?
>
> No. But if you want him to preserve his GC, you should make sure he does
> return to the US - send him to live with relatives or a boarding school or
> the like.
>
> > 2. When he turns 18, can he reclaim rights to permanent residence
> > despite the prolonged absence from the US on the pretext that such
> > absence was not voluntary (i.e., it was his dad's decision to stay
> > out, not his and he had no choice) ?
>
> No.
>
This may be a little far-fetched but I have heard of something called
the "principle of constructive retention" - can it be made to apply
here ?
> On Tue, 05 Oct 2004 02:51:23 -0700, Paul wrote:
>
> > I have been residing outside the USA for the last 1.5 years. Since my
> > original intent to return permanently to the US is not true anymore, I
> > plan to voluntarily relinquish my green card (and reentry permit valid
> > until August 2006) at the local consulate via the I-407 process.
> >
> > However, what do I do about my son who resides with me. He is 9 years
> > old and also has a green card (and reentry permit valid until August
> > 2006).
> >
> > 1. Am I (as legal guardian) required to subject him to the I-407
> > process too since he is unlikely to return to the US at least until he
> > is old enough to decide for himself ?
>
> No. But if you want him to preserve his GC, you should make sure he does
> return to the US - send him to live with relatives or a boarding school or
> the like.
>
> > 2. When he turns 18, can he reclaim rights to permanent residence
> > despite the prolonged absence from the US on the pretext that such
> > absence was not voluntary (i.e., it was his dad's decision to stay
> > out, not his and he had no choice) ?
>
> No.
>
This may be a little far-fetched but I have heard of something called
the "principle of constructive retention" - can it be made to apply
here ?
Oct 11th 2004, 7:47 pm
#5
Guest
Posts: n/a
Re: Can my child reclaim PR when he turns 18 ?
On Mon, 11 Oct 2004 01:32:51 -0700, Paul wrote:
> Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
>> On Tue, 05 Oct 2004 02:51:23 -0700, Paul wrote:
>>
>> > I have been residing outside the USA for the last 1.5 years. Since my
>> > original intent to return permanently to the US is not true anymore, I
>> > plan to voluntarily relinquish my green card (and reentry permit valid
>> > until August 2006) at the local consulate via the I-407 process.
>> >
>> > However, what do I do about my son who resides with me. He is 9 years
>> > old and also has a green card (and reentry permit valid until August
>> > 2006).
>> >
>> > 1. Am I (as legal guardian) required to subject him to the I-407
>> > process too since he is unlikely to return to the US at least until he
>> > is old enough to decide for himself ?
>>
>> No. But if you want him to preserve his GC, you should make sure he does
>> return to the US - send him to live with relatives or a boarding school or
>> the like.
>>
>> > 2. When he turns 18, can he reclaim rights to permanent residence
>> > despite the prolonged absence from the US on the pretext that such
>> > absence was not voluntary (i.e., it was his dad's decision to stay
>> > out, not his and he had no choice) ?
>>
>> No.
>>
> This may be a little far-fetched but I have heard of something called
> the "principle of constructive retention" - can it be made to apply
> here ?
I'm sorry, but I don't know anything about that. Please contact a
competent immigration attorney.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>.. .
>> On Tue, 05 Oct 2004 02:51:23 -0700, Paul wrote:
>>
>> > I have been residing outside the USA for the last 1.5 years. Since my
>> > original intent to return permanently to the US is not true anymore, I
>> > plan to voluntarily relinquish my green card (and reentry permit valid
>> > until August 2006) at the local consulate via the I-407 process.
>> >
>> > However, what do I do about my son who resides with me. He is 9 years
>> > old and also has a green card (and reentry permit valid until August
>> > 2006).
>> >
>> > 1. Am I (as legal guardian) required to subject him to the I-407
>> > process too since he is unlikely to return to the US at least until he
>> > is old enough to decide for himself ?
>>
>> No. But if you want him to preserve his GC, you should make sure he does
>> return to the US - send him to live with relatives or a boarding school or
>> the like.
>>
>> > 2. When he turns 18, can he reclaim rights to permanent residence
>> > despite the prolonged absence from the US on the pretext that such
>> > absence was not voluntary (i.e., it was his dad's decision to stay
>> > out, not his and he had no choice) ?
>>
>> No.
>>
> This may be a little far-fetched but I have heard of something called
> the "principle of constructive retention" - can it be made to apply
> here ?
I'm sorry, but I don't know anything about that. Please contact a
competent immigration attorney.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Oct 15th 2004, 8:47 pm
#6
Guest
Posts: n/a
Re: Can my child reclaim PR when he turns 18 ?
"Paul" <[email protected]> wrote in message
news:[email protected] om...
> Ingo Pakleppa - see web site for email <[email protected]> wrote in message
> news:<[email protected]>.. .
> This may be a little far-fetched but I have heard of something called
> the "principle of constructive retention" - can it be made to apply
> here ?
I believe what you are talking about applies only to those people who could
have lost deriving their US citizenship through their USC parents by failing
to satisfy residency requirements.
Aliens are not covered.
news:[email protected] om...
> Ingo Pakleppa - see web site for email <[email protected]> wrote in message
> news:<[email protected]>.. .
> This may be a little far-fetched but I have heard of something called
> the "principle of constructive retention" - can it be made to apply
> here ?
I believe what you are talking about applies only to those people who could
have lost deriving their US citizenship through their USC parents by failing
to satisfy residency requirements.
Aliens are not covered.
