QUESTION

If we the parents leave the USA but our then 18 year old wants to stay with her green card, can she?

Asked on Jan 13th, 2015 on Immigration - Texas
More details to this question:
Daughter 17 has a green card just like the parents and siblings, until 2024 . We might leave in summer 2016 and she might want to stay and go to college. Can she stay here on her current green card ?
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5 ANSWERS

Yes, if she is a permanent resident and is an adult (over 18) she can choose to remain in the US in valid status. If you leave the US, you will most likely lose your green card status, however.
Answered on Jan 14th, 2015 at 7:19 PM

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Immigration Law Attorney serving Atlanta, GA
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Generally, a Lawful Permanent Resident (holder of a "Green Card") is lawfully authorized to remain in the U.S. (to go to college or for other reasons), notwithstanding whether her parents may depart. This is true regardless of whether the parents may intentionally (through renouncing their status) or unintentionally (through remaining outside the U.S. for an extensive time) terminate their Permanent Resident status. Additionally, depending upon when she became a Permanent Resident, the Lawful Permanent Resident daughter may become eligible to apply to become a naturalized U.S. citizen when she reaches age 18. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Jan 14th, 2015 at 12:37 PM

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Yes. As long as her green card is still valid, she can remain in the US if she wants to go to college here.
Answered on Jan 14th, 2015 at 12:34 PM

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Bruce A. Coane
Generally, there should be no problem at all with that. Of course, if there are some strange underlying facts, the answer might be different.
Answered on Jan 14th, 2015 at 10:43 AM

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General Practice Attorney serving Edison, NJ at The Law Offices of Peter S. Kollory
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Clearly yes, provided she is within the bounds of the law.
Answered on Jan 14th, 2015 at 10:43 AM

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