I have been residing outside the USA for the last 1.5 years. Since my
original intent to return permanently to the US is not true anymore, I
plan to voluntarily relinquish my green card (and reentry permit valid
until August 2006) at the local consulate via the I-407 process.
However, what do I do about my son who resides with me. He is 9 years
old and also has a green card (and reentry permit valid until August
2006).
1. Am I (as legal guardian) required to subject him to the I-407
process too since he is unlikely to return to the US at least until he
is old enough to decide for himself ?
2. When he turns 18, can he reclaim rights to permanent residence
despite the prolonged absence from the US on the pretext that such
absence was not voluntary (i.e., it was his dad's decision to stay
out, not his and he had no choice) ?
Thanks |