1. Are There Continuous Residence Requirements For a Lawful Permanent Resident Who Is Under 18?
I am a single mum to a now 17 year old daughter. I immigrated to the U.S with my daughter in 2008 on a diversity immigrant visa i.e green card lottery, which means that once I became a lawful permanent resident in the U.S, my daughter also automatically became a Lawful permanent resident and was issued her own green card and SSN. Her green card is still very much valid but is due to expire in 2019. However, she had to leave the US sometime in late 2014,because she went to start high school in my country of origin, but now I want to bring her back this year for a short visit ,and also so that I can apply for a U.S passport for her.(Sorry I forgot to mention that I got naturalized last year 2016,so she can be able to obtain citizenship through me before she turns 18). I cannot seem to find any current information on whether there are any laws that can hinder her from re-entering back to the US?
Mr. Lee Answers:
One of the difficulties is that everything must be done by the time that your daughter reaches the age of 18. Other than that, she can either try to give up the green card and obtain a visiting visa or attempt to enter as a permanent resident explaining her entire situation to Customs and Border Protection at the port of entry and why she should be so admitted. Once in the U. S., she would have to show that she is in your physical custody (residing with you) before making a citizenship application. Good luck!
2. What to do When a Principal Died Before Interview Date Scheduled?
I am a US Citizen and the petitioner for my Mom. She passed away this last Sunday before her interview date at the US embassy. I was expecting she comes to the US, gets her green card so that she can petition for my siblings. What can I do? Do I need to inform the embassy? What are the options left for my siblings especially for the one under 21 and the one who just turn 21.
Mr. Lee Answers:
It would be courteous to inform the embassy of your mother’s death so that her case can be closed out. Insofar as your siblings are concerned, you can sponsor them under the F-4 category for siblings of U. S. citizens, and the time for final processing would be approximately 12 years. Otherwise if they have education and/or skills which are required in the U. S., they may be able to eventually obtain nonimmigrant or immigrant visas. Also if they form an attachment with a U. S. citizen or LPR, they may be able to immigrate faster under the family based case.
3. My Father Said His Going to Take Me Back to Africa. But I Am 19 Years Old and a U.S. Citizen. Can He Do That?
Mr. Lee Answers:
As you are over the age of 18 and a U. S. citizen, your father cannot legally force you to go back with him to Africa.
