Green Card holder returning to the US

[Hypnos 6,576]

As stated above, LPRs as a matter of law have the right to a hearing in front of an IJ regardless of what CBP think. CBP would likely pressure her to surrender her green card, but they cannot force her to. 

 

After this long, her chances of retaining her LPR status at a hearing are slim, however. A fresh petition is probably the best move, though it would take around seven years for her priority date to become current under the F1 family preference. 

Edited August 11, 2017 by Hypnos

[David & Diana R 1,005]

5 hours ago, Roel said:

It's almost 100% that she'll be denied entry. Have her officialy give up her green card (which is just a piece of plastic by now) and her mother start the family visa process.

Of course, unfortunately the father of her children (now in DR?) would have to allow the kids to leave the country and come to America.  Or am I confused?  You mentioned that the kids were US citizens?  (I assume this is because you were a US citizen when the children were born?)  Even if this is the case I imagine the father would have some rights to his children and could really mess things up for all of them.  Even if the grandma petitioned all of them this could be a real mess.  Good luck and God Bless

[Boiler 43,450]

12 minutes ago, David & Zoila said:

Of course, unfortunately the father of her children (now in DR?) would have to allow the kids to leave the country and come to America.  Or am I confused?  You mentioned that the kids were US citizens?  (I assume this is because you were a US citizen when the children were born?)  Even if this is the case I imagine the father would have some rights to his children and could really mess things up for all of them.  Even if the grandma petitioned all of them this could be a real mess.  Good luck and God Bless

Children do not need sponsoring, just Mum.

[Going through 5,668]

14 minutes ago, David & Zoila said:

You mentioned that the kids were US citizens?  (I assume this is because you were a US citizen when the children were born?) 

Neither parents are US citizens, as I understand it.  The children were born on US soil.

[David & Diana R 1,005]

15 minutes ago, Boiler said:

Children do not need sponsoring, just Mum.

I understand that.  I guess what I am trying to say is even if grandma sponsors her daughter there could be difficulty in getting the perhaps now angry father of those children to allow anyone to take them out of his country.  This assuming he is on the birth certificates of the children.  My guess is he can make it difficult for her to remove her children, US citizens or not from "his" country.  After all their mother voluntarily went back to his country, really their country to live.  Or would immigration just let the kids fly out with mom once she is allowed to enter the US without the fathers permission?  If this is the case the mother would be smart to keep the father in the dark and just leave with the kids without informing him.  Or could this be kidnapping?  Does the father have rights in DR?

[Boiler 43,450]

A lot of guessing, did she say where the Father is?

[David & Diana R 1,005]

3 minutes ago, Boiler said:

A lot of guessing, did she say where the Father is?

Hey I'm just trying to help.  Just want her to makes sure that taking her kids out of the country doesn't get her arrested for kidnapping.  I assumed that since she is living in DR for the past few years and is "now separating" from her "husband" that he too is in DR.  If I were her I would check with a reputable DR attorney before I ever took the kids to US just to be on the safe side.  I tend to err on the side of caution.

[Going through 5,668]

49 minutes ago, David & Zoila said:

Hey I'm just trying to help.  Just want her to makes sure that taking her kids out of the country doesn't get her arrested for kidnapping.  I assumed that since she is living in DR for the past few years and is "now separating" from her "husband" that he too is in DR.  If I were her I would check with a reputable DR attorney before I ever took the kids to US just to be on the safe side.  I tend to err on the side of caution.

Due to parental kidnapping on the up rise, many borders (including the US) require that a parent must produce a notarized letter of consent from other parent stating they are aware the children are travelling out of the country, and for what duration.   Unless of course the other parent is deceased (they can then request to see a copy of the death certificate) or one can prove sole legal custody.   Even if she had legal status in the US It would be difficult to cross into the US if her intention was to just take the kids and run (not saying this is the OP's intention by any means).

 

Even being married to my husband with no separation/divorce issues, I am asked for this letter whenever I take our child out of the US by myself.

Edited August 11, 2017 by Going through

[David & Diana R 1,005]

2 minutes ago, Going through said:

Due to parental kidnapping on the up rise, many borders (including the US) require that a parent must produce a notarized letter of consent from other parent stating they are aware the children are travelling out of the country, and for what duration.   Unless of course the other parent is deceased (they can then request to see a copy of the death certificate) or one can prove sole legal custody.   Even if she had legal status in the US It would be difficult to cross into the US if her intention was to just take the kids and run (not saying this is the OP's intention by any means).

 

Even being married to my husband with no separation/divorce issues, I am asked for this letter whenever I take our child out of the US by myself.

I agree with you.  But there is a twist here.  The kids are allegedly US Citizens.  She would be bringing them into the US, not out.  They would be traveling to their "home country".  Just a thought.  Playing devils advocate here I guess.

[Boiler 43,450]

Presumably they are dual citizens.

[Going through 5,668]

36 minutes ago, David & Zoila said:

I agree with you.  But there is a twist here.  The kids are allegedly US Citizens.  She would be bringing them into the US, not out.  They would be traveling to their "home country".  Just a thought.  Playing devils advocate here I guess.

My kid is a citizen of both the US and Canada.  When I take her into Canada (her home country), they require the consent letter from my USC spouse.  When I bring her BACK into the US (her "other" home country) they also request to see the letter showing that my husband was aware I had taken her out of the US in the first place, and more specifically that I had her out of the country only under the specific time frame outlined in the letter.

 

My husband is a USC, and he is required to present a consent letter from me if he travels with her outside the country as well.

 

Considering 1 child was born in the US but had a passport to travel back and is living in DR for 3 years---and the other child being born in DR, from a USC father---I'm assuming they both have dual status as well.

 

Doesn't matter which country they are travelling to, or from, or whether they are US citizens or not in most cases as again many countries have this protection in place in an attempt to thwart parental child-abduction.

 

Devils advocate here myself for a moment:  If they made allowances for children who held US citizenship as "coming home", then that would be like saying citizen children couldn't be kidnapped from the countries they physically reside in.

Edited August 11, 2017 by Going through

[David & Diana R 1,005]

17 minutes ago, Going through said:

My kid is a citizen of both the US and Canada.  When I take her into Canada (her home country), they require the consent letter from my USC spouse.  When I bring her BACK into the US (her "other" home country) they also request to see the letter showing that my husband was aware I had taken her out of the US in the first place, and more specifically that I had her out of the country only under the specific time frame outlined in the letter.

 

My husband is a USC, and he is required to present a consent letter from me if he travels with her outside the country as well.

 

Considering 1 child was born in the US but had a passport to travel back and is living in DR for 3 years---and the other child being born in DR, from a USC father---I'm assuming they both have dual status as well.

 

Doesn't matter which country they are travelling to, or from, or whether they are US citizens or not in most cases as again many countries have this protection in place in an attempt to thwart parental child-abduction.

 

Devils advocate here myself for a moment:  If they made allowances for children who held US citizenship as "coming home", then that would be like saying citizen children couldn't be kidnapped from the countries they physically reside in.

Well, this is fabulous news!  I was not hoping they would make allowances for children "coming home".  That was not my point.  In fact, quite the contrary.

31 minutes ago, Boiler said:

Presumably they are dual citizens.

How does one "presume" this?

[Boiler 43,450]

12 minutes ago, David & Zoila said:

 

How does one "presume" this?

Born in US mother not a USC, Father not a USC.

[SusieQQQ 11,584]

On 8/11/2017 at 3:33 PM, Going through said:

Due to parental kidnapping on the up rise, many borders (including the US) require that a parent must produce a notarized letter of consent from other parent stating they are aware the children are travelling out of the country, and for what duration.   Unless of course the other parent is deceased (they can then request to see a copy of the death certificate) or one can prove sole legal custody.   Even if she had legal status in the US It would be difficult to cross into the US if her intention was to just take the kids and run (not saying this is the OP's intention by any means).

 

Even being married to my husband with no separation/divorce issues, I am asked for this letter whenever I take our child out of the US by myself.

 

On 8/11/2017 at 4:09 PM, Going through said:

My kid is a citizen of both the US and Canada.  When I take her into Canada (her home country), they require the consent letter from my USC spouse.  When I bring her BACK into the US (her "other" home country) they also request to see the letter showing that my husband was aware I had taken her out of the US in the first place, and more specifically that I had her out of the country only under the specific time frame outlined in the letter.

 

My husband is a USC, and he is required to present a consent letter from me if he travels with her outside the country as well.

 

 

How old is your kid? I've travelled a couple of times with mine, always with a letter, but was only asked to show it if the country we were going to requires one and never on re-entry into the US. 

[Going through 5,668]

On 8/14/2017 at 11:48 AM, SusieQQQ said:

 

How old is your kid? I've travelled a couple of times with mine, always with a letter, but was only asked to show it if the country we were going to requires one and never on re-entry into the US. 

Now she's 11.

The times I've travelled with her alone was when she was 18 months, 3 years old, 7 years old and 8 years old.

Each time I was required to show the letter at both borders, going back and forth.