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PDF Editor FAQ
What will happen to my green card if I stayed here in the US, but my family, who also has green cards, will go home? I'm 16 and in high school.
As a minor, your lawful permanent residency is normally bound, until you reach majority, with that of your parents or legal guardian. If the parent you customarily reside with leaves the United States and abandon his or her US residency, your US residency also terminates at the same time. However, if you are formally placed in the legal custody of some other party before your parents leave, or you otherwise establish a clear intention to reside independent of your parents, your residency will continue. (I’m not clear if temporary guardianship would be sufficient; you may well need a irrevocable transfer of guardianship—an adoption—for this to work. I can’t find an answer to this question in my brief research. Consult an attorney for advice before pursuing this strategy. Emancipation may also be an option.)Note also that it is not normally legally permissible for a sixteen year old to reside in any of the several States not in the legal custody of an adult. If your parents go home, leaving you behind with no legal guardian, you will be adjudged an abandoned minor and will become a ward of the state. This may qualify you to be considered a “special immigrant juvenile” which would allow you to obtain protection from removal and seek permanent residency on your own (rather than as the minor dependent of your parents). However, it is likely that the state officials who will have custody over you in this situation will attempt to reunify you with your parents before allowing you to remain as a state ward.
Is it illegal for a guardian to kick a minor out?
Very generally, because every state and country has different laws, guardianship of a minor is legally binding even if it was undertaken outside of the courts, e.g. when a person agrees to take in a relative's child. In such cases it can be tricky to demonstrate whether anything beyond temporary guardianship was intended, so court-approved and supervised guardianship is preferred.If a parent is living and had not had parental rights and obligations terminated or restricted, then the minor can, typically, be returned to the parent.Again generally, otherwise terminating guardianship requires a court order to protect the interests of the minor.
What does "temporary legal guardianship" means for joining summer camp in US?
It may be that a camp requires temporary guardianship papers in order to be responsible for a minor. It is fairly common in the US for summer camps, school trips and other situations where an adult who is not a parent or permanent guardian may need to take a child for emergency medical care. Children can fall and injure themselves in ways that are not life threatening but need immediate attention like getting a cut stitched or a broken wrist or ankle set. They may be able to stay at summer camp after such treatment, but temporary guardianship will allow the camp to get the child medical treatment without waiting on a parent to arrive from another country or even another nearby city.
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