Home Legal Chats Immigration How can I prevent my daughter from losing her permanent resident status and renew her green card?

How can I prevent my daughter from losing her permanent resident status and renew her green card?

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Dolan W.
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10 Yrs Experience
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Customer:
Asked on Jan 28, 2025

How can I prevent my daughter from losing her permanent resident status and renew her green card?

I am a u.s, citizen. However, My daughter is 16 years old and she is a permanent resident. She is attending school and living in Mexico with her mother and I stay in Mexico 3 days out if the week. I have no one to care for my daughter in the USA, My mother and my oldest daughter passed away and were the only one's able to care for her. 5 and 3 weeks ago my daughter and I crossed the border with out any problems. However, I just became aware recently that my daughter is in violation and can loose her permanent resident status. I was ignorent of this law, I since been trying to inform myself on how I can remedy it. Her permanent resident card needs to be renewed in December of this year.

What is my option at this time. Thank you for your support and valuable time .

Lawyer Dolan W.
5.0 (464)
Lawyer:
Answered on Jan 28, 2025

Hello! My name is Dolan and thank you so much for contacting me! I just had a few quick questions for you: What is the nature of the violation you're talking about, *****?

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Customer:
Asked on Jan 28, 2025

I am a U.S, citizen. However, My daughter is 16 years old and she is a permanent resident, She is attending school and living in Mexico with her mother and I stay 3 days a week with them, The rest of the week I am a truck Driver and drive out of California to Chicago ill.I have no one to care of my daughter in the USA. My mother and oldest daughter passed away and were the only one's able to care for her. 5 and 3 weeks ago my daughter and I crossed the border with out any type of difficulty or problems. However, I just became aware recently that my daughter is in violation and can loose her permanent resident status. Since then I been trying to inform myself on how to remedy this violation, Her permanent resident card needs to be renewed in December 2026. What are my options at this time? Thank you for your support and prompt response in this matter.

That my daughter is attending school and living for the time being in Mexico. I understand she needed a re entry permit to be allowed to stay out of the USA

I was told her resident card is classified 1 and she needs a classified 2. She would loose her permanent resident status

Lawyer Dolan W.
5.0 (464)
Lawyer:
Answered on Jan 28, 2025

Understood. What is your ideal outcome with this? By that I mean what is it that would make you feel whole here?

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Customer:
Asked on Jan 28, 2025

I understand that I can get a re entry permit for her to be outside the USA without having problems with her permanent resident status. I also can cross the border with my daughter into the US once a week or every other week. My objective is and has been for her to become a US citizen.

Lawyer Dolan W.
5.0 (464)
Lawyer:
Answered on Jan 28, 2025

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

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Lawyer Dolan W.
5.0 (464)
Lawyer:
Answered on Jan 28, 2025

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask because this law stuff can get complicated. So there are a few things to consider: 1. Ok so it sounds like the main issue here is that your daughter has been living outside the U.S. for extended periods while attending school in Mexico. As you probably know, the law requires permanent residents to maintain ties to the United States and avoid "extended stays" abroad without proper documentation. Staying outside the U.S. for too long could potentially put her permanent resident status at risk, especially if it appears that she’s no longer maintaining the U.S. as her primary residence. 2. So what do you do? As you suggested earlier, my recommendation is that she has to apply for a re-entry permit if she plans to stay outside the U.S. for extended periods in the future. It's the I-131- https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf If you don't know, a reentry permit would allow her to remain outside the country for up to 2 years without risking her permanent resident status. She has to come back to the USA to do this though, so please keep that i mind. 3. Since you mentioned that her green card is up for renewal in Dec next year that gives you some time to figure things out, but it’s important to keep her trips to the U.S. frequent and consistent in the meantime.. If she can make back into the USA every other weekend for example or stay for longer than a few days that helps.

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Customer:
Asked on Jan 28, 2025

Thanks for your most needed advice, Can I apply for my daughter citizenship instead of renewing her permanent resident status while out of the country if I'm able to cross the border frequently?

Lawyer Dolan W.
5.0 (464)
Lawyer:
Answered on Jan 28, 2025

So sadly, your daughter cannot apply for citizenship while primarily living outside of the United States. Citizenship applications typically require the applicant to demonstrate "continuous" residence and physical presence within the U.S.. Since you are a U.S. citizen, there may be an alternate path to citizenship through "derivative citizenship" or by filing for a Certificate of Citizenship (Form N-600) for her. From my research, to qualify, your daughter would need to satisfy certain conditions, such as being under 18, living in the U.S. in your legal and physical custody, and holding lawful permanent resident status. The key issue here is that she must "reside in the U.S.", not abroad, to meet the eligibility requirements. For now, apply for a re-entry permit (Form I-131), which would allow her to remain outside the U.S. for up to two years without jeopardizing her status. She must apply for the re-entry permit while physically in the U.S. If you frequently cross the border, you could bring her into the U.S. for the application process. Once her permanent resident status is secure and if she's able to establish residence in the U.S. in the future, she can pursue naturalization or apply for citizenship through you. s!

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Dolan W.
Attorney
5.0 (464)
10 Yrs Experience
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Dolan W.

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San Diego, California
10 Yrs Experience
Licensed in CA
Purdue Law School

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