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Maintain GC for special needs child

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harshudeshpande

New member
What is the name of your state? Washington

hi

I recently got divorced and have a 22 year special needs child (cerebral palsy). Her mother is finding it difficult to manager her alone and decided to move back to India.

We all are on green card.

I agree with her mother but wondering if there any way we can maintain my daughters green card status so that she will be eligible for citizenship and related benefits later on? She is essentially moving back because of her mothers decision, she is in no way to make any decision for herself.


thanks
 


Just Blue

Senior Member
What is the name of your state? Washington

hi

I recently got divorced and have a 22 year special needs child (cerebral palsy). Her mother is finding it difficult to manager her alone and decided to move back to India.

We all are on green card.

I agree with her mother but wondering if there any way we can maintain my daughters green card status so that she will be eligible for citizenship and related benefits later on? She is essentially moving back because of her mothers decision, she is in no way to make any decision for herself.


thanks
Is there any reason that your Daughter can't stay with you here?
 

LdiJ

Senior Member
What is the name of your state? Washington

hi

I recently got divorced and have a 22 year special needs child (cerebral palsy). Her mother is finding it difficult to manager her alone and decided to move back to India.

We all are on green card.

I agree with her mother but wondering if there any way we can maintain my daughters green card status so that she will be eligible for citizenship and related benefits later on? She is essentially moving back because of her mothers decision, she is in no way to make any decision for herself.


thanks
Why does her mother have to manage alone to care for your daughter? Why are you not putting in your fair share of the work? There is no way to maintain your daughter's green card status unless she remains in the US for the long term or at least returns to the US every six months for at least a couple of months.
 

harshudeshpande

New member
Why does her mother have to manage alone to care for your daughter? Why are you not putting in your fair share of the work? There is no way to maintain your daughter's green card status unless she remains in the US for the long term or at least returns to the US every six months for at least a couple of months.
It is none of your business to ask me this question. You have no idea about her medical condition or our arrangement.
 

Taxing Matters

Overtaxed Member
There is no way to maintain your daughter's green card status unless she remains in the US for the long term or at least returns to the US every six months for at least a couple of months.
I don't agree with that. The standard is whether the GC holder has the intent to make the U.S. his/her permanent home. The USCIS has a general rule that if you go abroad for more than year that it assumes you lack the intent to stay in the U.S. But other factors affect that, too. Specifically, the USCIS states the following on its page International Travel as a Permanent Resident:

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.
Take a look on the page I linked for the advice it gives as well for those who do end up out of the U.S. for longer than a year. You and the mother may want to consult an immigration attorney before she leaves for advice on the best way to tackle this given your particular situation and the special needs of your daughter. If you remain in the U.S. and maintain a connection with your daughter that will help, but there are other things that ought to be done to really ensure she preserves green card status.

 

harshudeshpande

New member
Thanks. The mother has never been able to work due to my daughters condition so I paying her huge alimony. Perhaps I can show that to court? My daughter is 100% dependent on her mother for most of the things in her life
 

Taxing Matters

Overtaxed Member
Thanks. The mother has never been able to work due to my daughters condition so I paying her huge alimony. Perhaps I can show that to court? My daughter is 100% dependent on her mother for most of the things in her life
Really the best thing to do is see an immigration attorney to go over the details of your situation and get advice on the steps to take to preserver her green card status. The details of her disability and why she needs to be in India for care will matter. It's a more complicated matter since you indicate your daughter cannot make decisions for herself, so she can't herself show an intent to reside in the U.S.
 

LdiJ

Senior Member
I don't agree with that. The standard is whether the GC holder has the intent to make the U.S. his/her permanent home. The USCIS has a general rule that if you go abroad for more than year that it assumes you lack the intent to stay in the U.S. But other factors affect that, too. Specifically, the USCIS states the following on its page International Travel as a Permanent Resident:

Permanent residents are free to travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If it is determined, however, that you did not intend to make the United States your permanent home, you will be found to have abandoned your permanent resident status. A general guide used is whether you have been absent from the United States for more than a year. Abandonment may be found to occur in trips of less than a year where it is believed you did not intend to make the United States your permanent residence. While brief trips abroad generally are not problematic, the officer may consider criteria such as whether your intention was to visit abroad only temporarily, whether you maintained U.S. family and community ties, maintained U.S employment, filed U.S. income taxes as a resident, or otherwise established your intention to return to the United States as your permanent home. Other factors that may be considered include whether you maintained a U.S. mailing address, kept U.S. bank accounts and a valid U.S. driver’s license, own property or run a business in the United States, or any other evidence that supports the temporary nature of your absence.
Take a look on the page I linked for the advice it gives as well for those who do end up out of the U.S. for longer than a year. You and the mother may want to consult an immigration attorney before she leaves for advice on the best way to tackle this given your particular situation and the special needs of your daughter. If you remain in the U.S. and maintain a connection with your daughter that will help, but there are other things that ought to be done to really ensure she preserves green card status.

What I said wasn't substantially different than what you quoted. I was wrong on the length of time but the rest of its basically the same. In the case of the OP's daughter its more similar to a parent removing a child from the US with the parent having the intent to reside elsewhere. However, the "child" is not really going to be able to travel back and forth to spend parenting time with her other parent.
 

Mass_Shyster

Senior Member
How long has your daughter been in the USA? If five years or more, she may be eligible to become a US Citizen. If less than five years, maybe they can wait until she hits the five year mark.

If she's a US Citizen, she can leave the US for as long as she wants and have no problems re-entering.
 

LdiJ

Senior Member
How long has your daughter been in the USA? If five years or more, she may be eligible to become a US Citizen. If less than five years, maybe they can wait until she hits the five year mark.

If she's a US Citizen, she can leave the US for as long as she wants and have no problems re-entering.
While that is possible, its not that simple in this scenario. I do not believe that she can establish citizenship separately from her parents and apparently they have not chosen to establish citizenship. If she were not permanently dependent on her parents she would be able to establish citizenship separately from her parents as she is a legal adult. However, she IS permanently dependent upon her parents.
 

Mass_Shyster

Senior Member
While that is possible, its not that simple in this scenario. I do not believe that she can establish citizenship separately from her parents and apparently they have not chosen to establish citizenship. If she were not permanently dependent on her parents she would be able to establish citizenship separately from her parents as she is a legal adult. However, she IS permanently dependent upon her parents.
Please provide a citation for the garbage you are spewing
 

LdiJ

Senior Member
Please provide a citation for the garbage you are spewing
The OP is free to consult an immigration attorney and should. We each have our own opinion on what is "garbage". I have watched multiple people go through the immigration process and based on how the OP has described his daughter, she would not be able, on her own, to do what is necessary to become a citizen.
 

Mass_Shyster

Senior Member
The OP is free to consult an immigration attorney and should. We each have our own opinion on what is "garbage". I have watched multiple people go through the immigration process and based on how the OP has described his daughter, she would not be able, on her own, to do what is necessary to become a citizen.
I am an attorney and have represented multiple people going through the naturalization process. I see no reason whatsoever that a 22 year old female with cerebral palsy could not successfully naturalize.

My opinion, as an immigration attorney, is that your posts regarding this matter are garbage.
 

cbg

I'm a Northern Girl
One of my best friends in high school had cerebral palsy. She was also one of the most intelligent people I know and graduated from high school a year early. She attended one of the most prestigious universities in the world (not the one that employees me) and today is gainfully employed as a teacher in Washington DC.

She is a US citizen but are you trying to tell me that if she was not, she would, by virtue of a brain injury at birth that limits her mobility, be unable to be naturalized?
 

FlyingRon

Senior Member
I'm also having issues with all of Ldij's points. If someone has a green card, they're on a path for naturalization REGARDLESS of what the relatives do. I have no idea why she thinks otherwise.

As for those mentally challenged people seeking naturalization, you're way off base. In fact, many of the requirements (English, passing the civics test, etc...) are waived for those who have disabilities that substantially affect their ability to accomplish these. Pretty much the only requirement that remains is to show that the applicant can understand the naturalization oath.
 

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