Will a child’s green card become invalid if the parents abandon theirs?

This is a very interesting legal question.

Analysis

U.S. immigration law and the USCIS Policy Manual do not directly and explicitly address this issue. However, federal court cases have established that:

Abandonment of lawful permanent resident (LPR) status by a parent is imputed to a minor child who is under the parent's custody and control.

In other words, if a minor child is under a parent’s supervision, the parent’s intention to abandon permanent resident status is automatically attributed to the child. That is, it is treated as if the child has also abandoned their green card.

However, for such imputation to occur, two conditions must be met simultaneously:

1. The child is a minor (“minor child”); and

2. The child is under the “custody and control” of the parent.

The legal basis and underlying rationale are: a child who is both a minor and under parental custody lacks the independent capacity to decide where to reside.

According to the strict definition under immigration law, a minor child is someone under 21 years old and unmarried. The term “custody and control”, as defined by both family law and immigration law, refers to the authority to make major decisions on behalf of the child—this includes decisions that impact the child’s health, education, and welfare.

All known cases in which a child’s green card was deemed abandoned due to a parent’s abandonment of LPR status involved children under 18 years of age. For children between 18 and 21, there may be disputes about whether they are still considered "minor children". While immigration law defines adulthood at 21, most U.S. states set the age of majority at 18 under civil law. As a result, individuals in this age range are generally not considered under their parents’ “custody and control.”

This aligns with the legal foundation and logic from prior cases: children aged 18 to 21 are generally deemed to have the capacity to make independent decisions about their place of residence.

However, there are exceptions. A minor child may go through a legal emancipation process via court, which terminates the legal relationship between the child and their parents or guardians. Once emancipated, the child gains certain rights and responsibilities normally reserved for adults, such as:

• Choosing where to live, attend school, and work;

• Entering into contracts and managing personal finances;

• Making medical decisions independently;

• Being free from parental legal control, and the parents are no longer legally obligated to support them.

Similarly, a child aged 18 to 21 might, under certain circumstances, remain under parental control, with the parents continuing to make critical decisions concerning the child’s health, education, and welfare. In such cases, whether the parents’ intent to abandon their green card should be equated to the child’s intent would depend on the specific facts of the case.

Conclusion

In most cases, if the child is under 18, they will be subject to the court precedents mentioned above, and USCIS must follow them. This means that a parent’s abandonment of LPR status will result in the child’s green card becoming invalid.

For children aged 18 to 21, it depends on whether they are still under parental custody and control. They may or may not be affected.

Once a child has turned 21, they are completely unaffected by the parent's decision to abandon permanent residency.

(Disclaimer: The information released is for information only and should not be construed as legal advice or a basis for decisions on any topic. All rights reserved. Reproduction requires permission from Allbelief Law Firm.)