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If I die as a permanent resident, can my son stay in the US till he gets his citizens

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  • If I die as a permanent resident, can my son stay in the US till he gets his citizens

    I live in Virginia.

    Hi, I was granted Asylum Status (& my older son) indefinitely in this Great Country a few years ago. I have been a permanent resident for two years now. I have two sons 17 years old who was included with me in the asylum case and of course he is a permanent resident as well, and 11 years old son who is a US citizen. My question is: if I die before I get my US citizenship (in 3 more years), would my older son (at least) be allowed to stay in the US till he gets his citizenship. The father is overseas. My asylum was based on domestic violence case, and social group suffering. My kids (and ) would not want to go back and live with their father is something would happen to me. My utmost priority is for my older son to get his citizenship in 3 more years, I think then if he is 18 years old (next year) he is considered an adult and can take care of his brother and wait till he gets his US citizenship. Please advise.

  • #2
    I live in Virginia.

    Hi, I was granted Asylum Status (& my older son) indefinitely in this Great Country a few years ago. I have been a permanent resident for two years now. I have two sons 17 years old who was included with me in the asylum case and of course he is a permanent resident as well, and 11 years old son who is a US citizen. My question is: if I die before I get my US citizenship (in 3 more years), would my older son (at least) be allowed to stay in the US till he gets his citizenship. The father is overseas. My asylum was based on domestic violence case, and social group suffering. My kids (and ) would not want to go back and live with their father is something would happen to me. My utmost priority is for my older son to get his citizenship in 3 more years, I think then if he is 18 years old (next year) he is considered an adult and can take care of his brother and wait till he gets his US citizenship. Please advise.

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    • #3
      Hi Springcharm and fellow Virginian,

      Welcome. Your son should be able to get his citizenship without you. Since he is a permanent resident, as long as he has all the required documents. Click here for Guide to Naturalization http://www.uscis.gov/files/article/M-476.pdf.

      And, please tell him not to get in trouble with the law as that would hinder his chances for citizenship.

      Good luck!

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      • #4
        Thank you, so does that mean even if I die they will not be forced to go back and live with their father. This is a complicated issue since their father is iver seas and he is not a US citizen. I think this is a mixture of immigration and family law.

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        • #5
          I am not sure, but I think when your elder son is 18, he can become your younger son's guardian in the event of your death. I hope you're not ill!!!

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          • #6
            I am just going under major surgery and worries of what might happen, that's why I am insisting on the death issue in relation to all of this.

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            • #7
              How is it the younger one was able to get his citizenship? I don't believe either of your sons will be forced to go back to their father, especially since you were granted asylum.

              Good luck with your surgery!!! I am sure you will pull through fine and no need for these extra concerns. Lots of luck to you!

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              • #8
                Once you get LPR status you do not loose it based on someone's death.

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                • #9
                  My other son was born in the US. I am just a mom who is worried, I am very healthy and still 38 years young The surgery is for my back, and I am sure whatever happens, The Holy Power will be with me and my kids. Gosh, I got to where I am right now with his blessings only. I still want to be alive when I get my US citizenship to cry and kneel thanking God for everything....Thank you so much for your replies.

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                  • #10
                    Neither of your sons will have to leave the USA. They will be fine and so will you!

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                    • #11
                      I would also suggest one very important thing- Write a will and most importantly, appoint guardians for your children in case something happens to you. Also, in the will/guardianship document, state that under no circumstances should the father be given custody because of his abusive past. You should do this even if you are 100% healthy b/c you never know what can happen.

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                      • #12
                        You are absolutely right Mrs. Mani, and I have already started that just today. I will put it in the Will.

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