Q: Do both parents have to sign to abandon their minor child's green card or just the custodial parent?
The child is 15 years old. Only the mother has custody (not shared custody). Is the father also required to approve the abandonment of their child's LPR status?
A:
In cases of sole custody, only the custodial parent (in this case, the mother) has the legal authority to make immigration decisions for the minor child, including abandoning their permanent resident status. This stems from the principle that the custodial parent maintains primary responsibility for major decisions affecting the child's life and welfare.
However, it's crucial to understand that abandoning a child's green card is a significant decision with long-term consequences. Before proceeding, you should carefully review your custody agreement to confirm it doesn't contain any specific provisions requiring joint decision-making for immigration matters. It would be wise to consult with an immigration attorney to understand all implications and ensure proper documentation of the custody arrangement.
The formal process involves filing Form I-407 (Record of Abandonment of Lawful Permanent Resident Status). When submitting this form for a minor child, you'll need to provide documentation proving your sole custody status, such as court orders or custody decrees. Remember that this decision is generally irreversible, and if your child wishes to become a permanent resident again in the future, they would need to start the immigration process from the beginning.
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