What can be done in cases where minors do not want to leave the country?

UPDATED: Sep 30, 2022

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What can be done in cases where minors do not want to leave the country?

My sister is a U.S. resident and wants to return to her home country of Nicaragua along with

her 13 year old daughter, forcing both of them to lose their U.S. residency. My sister does not

care about losing it, however the girl is very reluctant to leave as the opportunities to thrive

in that country are nowhere near the opportunities afforded the U.S. Since she is a minor there seems to be nothing she can do to stay. Are there any options at all available where she can save her residency? If she does lose it now as a minor, can she regain it as a legal adult as it was not her desire to lose it?

Asked on July 3, 2016 under Immigration Law, Florida


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

She is a minor for a reason; she does not have much choice in the matter.  HOwever, just leaving the US does not automatically make her lose her residency.  If she returns to the US within 6 months, she will be able to retain it. Your sister seems very shortsighted in this matter and not allowing her daughter to retain the green card by remaining in the US but that is her prerogative, of course.

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