Legal Question in Immigration Law in California

Hello, I am 16 years old child and I live with my father. I arrived in the US in December 2012 and received a green card and social security number. I am in High School. Every month my father says that he will buy tickets and send me back to Uzbekistan(where my mother lives). He took away all my documents except my Uzbek pasport. Does he have the right to send me back in Uzbekistan? my green card category is IR2. He keeps my documents in his room is it legal if I take them back?

Asked on 3/28/13, 2:29 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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Since you are a permanent resident, there is no legal basis for anyone to send you anywhere. Unfortunately, this is not an immigration matter.

Since you are still a minor, there is not much you can do. There is a process to become an "emancipated minor", but you would have to petition the civil court in your area, & you would need a source of income, place to live, etc.

If he becomes violent or threatens you, I would contact the police immediately.

I recommend that you speak with someone at your school, like a counselor, who might be able to help you with this situation.

Since you are 16 & have a greencard, you can get a job & start saving money so you can move out at 18. As of your 18th birthday, he cannot retain your documents or "take" you anywhere.

You may want to pose this question to a civil attorney, as well.

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3/28/13, 3:57 pm

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