Asked in Immigration Law for District of Columbia

Q: Do I need to reapply for my son's green card?

I'm a naturalized us citizen. I had a child in November 2015, who was living in the States with me when I naturalized in March 2017. Because of unforeseen circumstances, he & I had to leave the US soon after I naturalized. Because my husband was not present in the US, nor could he get an appointment in time at the embassy to notarize necessary documents, I could not apply for my son's passport. My son and I left the US in April 2017.

Since then, I have not been able to return. One reason was that my sons physical green card did not arrive until October 2017. (I had given birth abroad and brought him back to the US before the age of 2, but CBP had never sent over his paperwork, and I had to follow up with USCIS to get it done). Another reason is soon after I received his green card, I found out I was expecting and the doctor recommends no travel.

My question is this: if my son doesn't enter before a year since he was last in the states, could they confiscate his green card?

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1 Lawyer Answer

Hector E. Quiroga

PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Your son is likely already a citizen. He derived it through you when you became a citizen yourself. Proof that he is your son, that you are a citizen, and proof that he obtained permanent residency should be sufficient for him to get a US passport.

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