Dear Atty. Lou,
I have a fifteen-year-old grandson who is a green card holder but has been sent back by his mother to study here in Cebu. Now the mother likes her son to go back to the United States inasmuch as he is now old enough to be left at home by himself while she will be working. The problem is my grandson was last out in Hawaii in 2009 and we stayed there for just one month and came back to Cebu and since then my grandson has not gone out to States anymore. He has stayed with him Mom in States for about five years after which he was sent back here. Since he is a minor will consideration be granted to him if he goes back to his mother come year 2012.
EC
Dear EC,
Generally a lawful permanent resident returning to the United States after an absence of six months or less will be treated as if he or she never left the United States. This is the “less than six months” rule.
If returning to the US after six months but less than one year, the green card holder bears the burden of the presumption that he never intended to abandon his residence. He is deemed to be seeking admission.
If the stay abroad has been for more than one year, a re-entry permit or a returning resident immigrant visa is expected to be presented to the CBP inspector at the airport.
Your grandson has stayed outside the United States for two years. If he attempts to return to the United States in 2012, he will be questioned at the port of entry about his length of stay abroad. This is when the issue of “abandonment” arises. There must be proof that your grandson never intended to abandon his residence. He may prove this by showing his (1) real purpose in going to the Philippines; (2) purpose of travel is only temporary which is to study; (3) there is an intent to return to the United States and (4) proof that your grandson’s parents or siblings reside in the United States. If he is able to show proof of actual intention to the U.S. and that the latter is his principal place of abode, then the issue of abandonment would have been overcome and he will be allowed to re-enter the United States.
Should he be allowed to re-enter and subsequently decides to study again in the Philippines, it will be best for him to consider applying for a re-entry permit.
I hope that this information is helpful.
Atty. Lou
(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
