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Will my son lose his status if my green card is considered abandoned?

I have been out of the U.S. for almost a year and did not file an I-131 before I left. Due to COVID-19, I probably will not be able to get back to the U.S. My son is currently in the U.S. The conditions on our green cards have not been removed yet. Could he lose his status if my green card is considered abandoned?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are the principal applicant on a conditional card then it is important to try and maintain the status of the principal also. Make sure you can document that you have made attempts to return if you want to show that you were barred by circumstances beyond your control.

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    Daniel B Lundy

    Immigration Attorney
    Answered on

    Under the current regulations, your son should be able to continue to maintain his green card even if you give up yours. However, if you return as soon as you reasonably can, even if it is more than one year, you may be able to keep your green card.