Can a Minor Cancel a Green Card Application Without Her Family's Consent
Hi everyone,
First of all I would like to apologize for any grammar or vocabular mistakes, I'm actually 15 and I just "moved" in the USA from Paris so I only know english through french lessons and TV series...
So I have a big situation right now...
My Mom and my brothers moved in the USA to live with her new husband in 2013 december, and I decided to stay in Paris with my Dad. I visited them last summer and this summer, but now I can't come back in France even if I really want to. The thing is that I signed the documents for the permanent residency without knowing and asking what these papers were about (big mistake I know...:wallbang::wallbang:). I was supposed to come back last thursday (August 20th) but the husband and her told me that if I come back, the entire family can have troubles with the immigration service. The husband is their sponsor. She told me to wait until my brothers and her have a 10 years Green Card or something like that and it will be around september.
Regarding my file, it has been "approved" and I read that it is more difficult to cancel it now.
Currently, I will go the high school until the end of october (what my Mom said) and wait for all of the process to be complete.
However I really want to come back in France but in the same time I don't want my family to have any troubles...
So my question is : What will happen if I come back right now, while the process for my Green Card is not complete ?! Can my family be refused to get a Green Card and be throw out of the country or anything like that ?!
If I was not really clear, please ask me some questions :D
Thank you for your help :)
Re: Can a Minor Cancel a Green Card Application Without Her Family's Conset
Your green card does not affect your family's. Your problem is your mother and your father are allowed to make decisions about you without your agreement. Minors need their parent's permission to leave the US. The 10 year green card does not really change what the holder of a 2 year green card is able to do. Your length is stay in the US is critical in some proceedings.
You need to let your father know what you want to do and let him take care of it if he agrees with your desires. Much depends on the custody arrangement they have in place. If they agreed that you only were to spend the summers in the US and now your mother will not allow you to return to your home in Paris, it is a matter for the courts.
Call your father this weekend. Check back and let us know what is happening.
Re: Can a Minor Cancel a Green Card Application Without Her Family's Conset
So if I understood well, I can go back with a permission of my Dad or I need both ?! Because my Mom is never gonna give me one. Beside, my Dad has my legal guard and I think my Mom will need my Dad's permission to make me stay...
Thanks for the help !
Re: Can a Minor Cancel a Green Card Application Without Her Family's Conset
As a permanent resident of the US, you are free to come and go and are not required to stay in the US. The problem is getting your mother's permission to leave since you are under the age of 18.
Custody issues can get very messy. If your father has custody and your mother refuses to return you by taking you to the plane, then your father needs to go to court. The fact she has enrolled you in school makes me very uncomfortable about what you have been told; in the US, 6 months of residency is a magic time period for some legal actions involving children. I have no idea how this might affect international custody issues.
She may just want you to receive a 10 year green card too. If you do not get it, then you will need to start all over again. This will take several years. However, a US green card requires that you make the US your home. If this is not your intention, you can always relinquish it in the future and travel to the US on a visitor visa.
While I am opposed to a child missing school, in this case it may be in your best interest long term to hang in there until you receive your 10 year green card and then return to France. If your mother refuses to allow you to do so at that time, you know something else is wrong, This gives you options that otherwise are unavailable to you.
It is essential that you contact your father. He should be in agreement with your mother if the green card is the primary issue. It may take a while to get things sorted out if there is a disagreement between your parents. You can read more about the issues by searching for the "Hague Conference International Child"
If you are ever concerned for your safety, please contact the police by calling 911. Be sure to ask for a translator when you are talking to police or attorneys. If you do not believe it to be in your best interest to remain with your mother and step-father, ask the person advocating for you to obtain permission to be placed in a shelter until your father can come to the US with the current or new court orders.
- - - Updated - - -
Adding, OP, I also think you should discuss this with your mother. You may not be aware that the filing for a green card by the means other than the one you are using now takes time, In the event you decide to come to college in the US, you would benefit from having your green card already rather than waiting for the alternative method of filing.
Your mother needs to be very honest with you about the reason she will not be allowing you to return at the scheduled time. She should not be misleading you about the green card process for the rest of the family. Your green card is about you and your future. This should also not be about gaining more child support money from your father. You are nearly an adult and deserve to be told the truth because being a green card holder grants you rights but also new responsibilities to the US government. You also need to know what it takes to become a US citizen so that you can decide if that is a process you want to pursue.
Re: Can a Minor Cancel a Green Card Application Without Her Family's Consent
I think that it is better for everyone if we settle all this without using the law or something.
The thing is that my Green Card is in process so I'm afraid that if I leave, my Mom and my brothers might not be able to stay in the US, can it happen ?!
And the other important thing is that I didn't know that my Mom will want me to stay until I came so I signed up for my high school and I miss like 1 week, the administration will give my place to someone else because high schools in Paris are very demanded.
Thanks a lot for your help by the way !
Re: Can a Minor Cancel a Green Card Application Without Her Family's Consent
Your mother's and brother's green cards are in no way affected by your staying or leaving. You and your brothers received yours based on your mother's marriage but now that you have them all belong to the individuals. Stop worrying about that possibility.
You need to understand that there are residency requirements to you maintaining your green card and be able to plan these into your schedule.
It was unfair for your parents not to discuss the plan with you before you were surprised by it. You sound very mature for your age worrying about your mother and siblings being adversely affected by your decisions. Both of yuor parents should be very proud of you.
Your concern about your school in Paris is a valid concern. I hope your father can meet with the administrators so they can hold your spot. Many young people want to have the opportunity to attend school in the US but prefer to have a really good knowledge of English before doing so.
You should suggest to your mother that she consult an immigration attorney since she may not be fully aware of the requirements. If she does, she may be willing to take you with her as well so that you are not getting information second hand. You mother needs to understand that even if you lose your green card now, based on her marriage, it is relatively easy to get another as long as you meet the age requirements. She needs to get this information from the immigration attorney so she sees that there are many options for you. Right now your school should be a very important consideration.
Re: Can a Minor Cancel a Green Card Application Without Her Family's Consent
Ok that seems great. My Dad told me to call the immigration attorney to ask him some questions and I will do it as soon as possible. So we can cancel my Green Card process and get a new one before I'm 21, is that correct ? Otherwise, her husband told me that if I leave the US while my Green Card is in process, I will not be able to come back forever...
I hope I can get through this and get on a plane like sunday 30th to be able to attempt the school on tuesday...
Re: Can a Minor Cancel a Green Card Application Without Her Family's Consent
Please do not listen to your stepfather. He is not telling you the truth. Read the USCIS website. Look for the stepchild iinformation. Your age at your mother's marriage is important.
You can find an immigration law specialist at the AILA. Also, Catholic Charities and Lutheran Relief provide services on immigration issues based on ability to pay. I do see a problem with you being a minor and needing your parent's permission for many things.
A new filing will cost more money than continuing with the current one and will take more time. A K-2 visa, which is how you received your green card, is once of the easiest filings.
It would be best if your father could arrange a meeting with an attorney for you since he appears to be your primary custodian with legal authority over you. An attorney should then have no problem speaking with you.
I do have a question about your stepfather. Is he a naturalized or born US citizen? I am trying to understand why he is giving you incorrect information.
Re: Can a Minor Cancel a Green Card Application Without Her Family's Consent
He his an US born citizen. The reason I believed him is because he said to me "I can call the attorney if you don't believe me" so I thought it didn't worth it. He might not be telling the truth because he is on my Mom's side...
Like I said, finding an attorney will take some time and we only have less than one week.
So I propose to talk with my Mom and her husband that if I leave and cancel my Green Card process :
- I can get a new one before I'm 21
- my family will not have any issues with the administration
- they will be able to live in the US
- I will not be banned forever
- she doesn't have my legal custody and she needs my Dad approval to do the documents
Did I forgot anything important ?
Re: Can a Minor Cancel a Green Card Application Without Her Family's Consent
You have it covered.
If your stepdad offered to let you talk to his attorney, take him up on the offer as long as he is an immigration law specialist. The attorney must tell you the truth.
Since stepdad is a native born citizen, he should be able to understand USCIS website easily. Had his first language not have been English, I could understand his confusion, but he had no excuse.
Post back to let us know how you are doing. Please tell your parents that a grandma (me) tells them that they should be very proud to have raised the responsible child that you are.