My wife and her son have green cards, what rights does he have?

[Ban Hammer 12,829]

Correct, with a caveat. Children are supposed to replace their green card when they turn 14 years of age, unless their current green card is due to expire before their 16th birthday. Yes, rejoice. You have just learned something new!!!!!!!!!!!!!!

Here's my situation. My wife came here in 2002 from Romania with her son (3 yo at the time) using K1.

We were married and after long delays she and her son both got their permanent resident cards (not conditional) in Jan of 06 so they don't expire until 2016.

Her son is now 10. I understand that when he turns 14 he has to get it renewed.

My questions are:

1) Since he is not legally my son, what happens to him if something happens to my wife? His father is in Romania. I have not adopted him (yet).

2) If my wife becomes a US citizen, does he have any more rights?

3) If I get approval from father to adopt, how is this considered (he's not an orphan of course)? I mean, the US governement website talks only of US couples adopting orphans from different countries.

I'm just concerned as he has no interest in his home country at this time and has grown up here. He would be heartbroken (as would I) if for some reason I had to send him back. He doesn't know his family there at all.

His father emails us occasionally but has no interest in him (he has a new wife and children). He does not send anything, nor do we want anything, I support him fully. There is no problem between my wife and him, so we don't forsee any issues.

Any advice? Should I contact a lawyer? (I want to adopt him but we haven't started that yet.)

Regards,

Jeff

You have your answers but you've thrown a new one at me. Why would the child need to renew an unexpired green card upon reaching age 14? Is this correct? If so, I'm happy to have learned something.

the mermaid

[NArocks 13]

Maybe it also has to do with the fact that the child was never fingerprinted and now has to be? My step sons GC has no fingerprint on it. I guess when he turns 14 he is old enough for them to fingerprint. Let's see he removes condtions in 01/10 by that time he will be 13 and some months, hopefully by having the bio for the I-751 he will not need to repalce the card unless they take forever to approve. Very confusing that is for sure, after we pay the I-751 them we have to turn around and pay another fee for the fact he turns 14 after we remove conditions. Everytime you turn around they want more money

No this is complete information from the I-90 instructions. The file is a PDF and therefore cut and pasting the whole section is not possible, but below is the reference to when an I-90 needs to be filed for a child of 14 yrs.

If you are a permanent resident or conditional resident, file

this application:

2. Within 30 days after reaching your 14th birthday, to

replace a card issued before your 14th birthday; or

....

Bear in mind that aliens that are under age 14 may have a parent sign on their behalf. The requirement to replace the card is related to the fact that the parental signature is no longer appropriate for the long term.

Can you point us in the direction of the rukes for the turning 14 years old I would be interested in this.

Thanks

Sure,

Application to Replace Permanent Resident Card

Purpose of Form :

Use this form to replace a "Green Card."

Number of Pages :

Instructions: 4; Form: 2.

Edition Date :

07/30/07. Previous editions accepted.

Where to File :

See Special Instructions

Filing Fee :

$290. Biometrics fee of $80 may be included. Please see Special Instructions for details.

Special Instructions :

Filing Fee(s) and Where to File:

If you are filing because:

• Your card was valid for 10 years and is expiring or has expired

• Your card was lost, stolen or destroyed;

• Your card is mutilated;

• Your name or other biographic information has changed since the card was issued;

• You have taken up Commuter status;

• You were a Commuter and am now taking up residence in the U.S.;

• Your status has been automatically converted to permanent resident;

• You have an old edition of the card;

Then your payment is the base application fee is $290 plus the biometrics fee of $80. Total filing fee = $370.

If you have reached your 14th birthday since the date your card was issued, your payment is the biometrics fee of $80 is required. The base application fee is not required if you file the Form I-90 within 30 days after your 14th birthday. Total filing fee = $80.

from USCIS

This only applies if you are filing the I-90 for any one of the "bulleted" reasons... If you are not, then there is no "mandate" for a 14 year old to replace the card simply for attaining that age... Right?

Yes, I'm not seeing anything referring to a need to replace a card because of attaining age 14. Maybe this is just the wrong or incomplete reference.

[maya62 7]

SO...

Based roughly on VJ timelines (from the VSC ROC thread), and if we have a smooth removal of conditions, we can expect 10 year greencards for my husband and son sometime around Nov/Dec 2009. In Feb 2010, our son turns 14. According to the info and links in this thread, we will then have to file another application to replace his brand new greencard a month or two after receiving it.

Is there anything we can do? They did take a fingerprint of only one finger at our recent biometrics appointment (for my husband, they took prints of all his fingers I believe).

ARGHHHH!

Maya

[pushbrk 12,092]

SO...

Based roughly on VJ timelines (from the VSC ROC thread), and if we have a smooth removal of conditions, we can expect 10 year greencards for my husband and son sometime around Nov/Dec 2009. In Feb 2010, our son turns 14. According to the info and links in this thread, we will then have to file another application to replace his brand new greencard a month or two after receiving it.

Is there anything we can do? They did take a fingerprint of only one finger at our recent biometrics appointment (for my husband, they took prints of all his fingers I believe).

ARGHHHH!

Maya

Sure, you do what the I-90 instructions tell you to do within 30 days of the child's 14th birthday.