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Debbie668 · Jan 28, 2009, 11:31 AM

Hi I am Debbie. I have a friend who has a son which they put on adoption to his relative. But couple years ago the adoption parents past away, so my friend apply a GC for her son to USA. But after staying for a year they found out that their son is out of their conrtol. So They send him back to the country w/ his adopted grandparent. My question is 1. Is he able to come back to US without a GC?
2. or Could he go to the embassy and ask a replacement on the GC? (he is still under age)
3. Should my friend Cancel the GC w/ the INS (since they don't want him to be back to US?
4. Can his Grandpa (not adopted grandpa) who is a citizen apply a new GC for him ?

lawanwadee · Jan 28, 2009, 02:59 PM

Originally Posted by Debbie668

Hi I am Debbie. I have a friend who has a son which they put on adoption to his relative. but couple years ago the adoption parents past away, so my friend apply a GC for her son to USA. But after staying for a year they found out that their son is out of their conrtol. so They send him back to the country w/ his adopted grandparent. My question is 1. Is he able to come back to US without a GC?
2. or Could he go to the embassy and ask a replacement on the GC? (he is still under age)
3. Should my friend Cancel the GC w/ the INS (since they don't want him to be back to US?
4. Can his Grandpa (not adopted grandpa) who is a citizen apply a new GC for him ?

This is a very complicated matter and here I don't have enough info.. have no clue about legal status of every person involved.. where the adoption took place.. how long the child left US, etc.

Debbie668 · Jan 29, 2009, 10:29 AM

Originally Posted by lawanwadee

This is a very complicated matter and here I don't have enough info.. have no clue about legal status of every person involved.. where the adoption took place.. how long the child left US, etc.

HI Lawanwadee, The Child was originanly born in another country and they put him to adpotion there right after he was born. And when he was born the real Parent not even a citizen yet. Basically he was nor citizen or have PR before. Not even the adopted parent. Only His real parents are US citizen. So when his adopted parents past away the real parent think they want to raise him back. But since he was adopted when he was born he gave the real parent such a big thoruble so they decide to send him back w/ the adopted family (grandparents)
THe adopted parents - was nor a PR holder or citizen
THe adopted grandparent - was not a PR holder or citizen
The Real parents - are citizen
The Grandpa from real parent - PR HOlder.

HOpe this will make it clear. Thnks

lawanwadee · Jan 29, 2009, 10:42 AM

Originally Posted by Debbie668

HI Lawanwadee, The Child was originanly born in another country and they put him to adpotion there right after he was born. And when he was born the real Parent not even a citizen yet. basicly he was nor citizen or have PR before. not even the adopted parent. only His real parents are US citizen. So when his adopted parents past away the real parent think they want to raise him back. but since he was adopted when he was born he gave the real parent such a big thoruble so they decide to send him back w/ the adopted family (grandparents)
THe adopted parents - was nor a PR holder or citizen
THe adopted grandparent - was not a PR holder or citizen
the Real parents - are citizen
the Grandpa from real parent - PR HOlder.

HOpe this will make it clear. Thnks

1. Is he able to come back to US without a GC?
If he's never been issued a greencard, he cannot enter US. If he already had one (it's not clear in your question whether he had one or not), and he left US for over a year, his greencard is automatically revoked. Immigration won't let him in.

2. or Could he go to the embassy and ask a replacement on the GC? (he is still under age)
As a minor, the parent(s) or legal guardian must contact the embassy on his behalf.

3. Should my friend Cancel the GC w/ the INS (since they don't want him to be back to US?
They can.. if he never has a greencard or had one but revoked, if the parents do not sponsor him as return resident, he won't be able to return.

4. Can his Grandpa (not adopted grandpa) who is a citizen apply a new GC for him ?
No, only parents can do it.