Urgent answer needed: PS minor leaving US without showing the green card?

[5JulFiler]

Hello, I really need urgent help with his. I am a permanent resident living in the US, from a European country. My two sons (minors) from my previous marriage came to the US to live with us for a year, as a tourists, and once here we applied for their green card as 1st grade relatives (stepsons) of my current wife (US citizen). One of them already received his green card a couple of months ago, but the card for my my youngest son delayed more months due to the pandemic. The thing is that last week, specifically on 6/18/2020 his status changed on line to "case approved" and "card being produced", so technicaly he is already a permanent resident though his green card hasn't arrived yet to our mailbox. He has the flight back to his country tomorrow Wednesday, to spend the next year with his mom, but I don't know if he will need to show the physical green card in the airport. My concern is that, since he arrived to the US as a tourist, they can register him back to his country still as a tourist, so automatically he could be considered overstayed and and then he can have complications in the future even when his case has already been approved and his card probably is in USPS at this moment on its way home. The other possibility is change his flight for later, when he has already his physical green card, but apart of the penalization on the ticket he needs to travel on the schedule day. My question is: if he only shows the passport at the airport, will he have problems when he travels to the US next year? Thank you.

[Tibwa]

1) since this travel is not urgent, I would delay leaving the country without a green card in hand. These days you never know. Of course you can still mail him his green card home to return to the US but this is risky. Losing some ticket money is nothing compare to this long process of wait.

2) You MUST understand also Green Card Holder cannot just live outside the US for a year or more without telling immigration. He can easily loose the green card and considered by immigration he has abandon his US residency.

[Johnny6751]

You understand that he can't be outside the USA FOR MORE THAN 6 MONTHS, right?

[5JulFiler]

Tibwa and Johnny6751, thank you so much! Yes, we knew about that 6 months. But that means they can't be gone for more than 6 months in a row or 6 months total out of the year? We also read, but not sure, something about that for minors, and with strong family ties in the US, they can be outside the US more than 6 months and always less 1 year if they prove these family ties when they want to come back, without loosing their green card. Do you know anything about this?

[Tibwa]

Tibwa and Johnny6751, thank you so much! Yes, we knew about that 6 months. But that means they can't be gone for more than 6 months in a row or 6 months total out of the year? We also read, but not sure, something about that for minors, and with strong family ties in the US, they can be outside the US more than 6 months and always less 1 year if they prove these family ties when they want to come back, without loosing their green card. Do you know anything about this?

You are correct but this environment requires special caution. I have a family member who has been doing this for years but guess what? he is in big trouble now because to renew his CG, immigration now requires a lot more proof that he has been living in the country such bills, tax return and housing, which he does not have and he cannot even come back in the country because of COVID19. For now I would keep it below 180 days and wait for the actual CG before leaving the country. A few weeks cannot hurt you, the kid or his mother who probably wants to see him so bad.

Although to leave the country, you don't need to show your CG, your passport is enought. But having it in your hand is a better deal. Again,we dont know what would be the outcome of the next election which is within the next 6 months. Better be safe than sorry.

[newacct]

He can try to get an appointment at a local USCIS office to get an I-551 stamp before he leaves.