riverink

Hello all,

Around 1 year 5 months ago I travelled to the US after being approved for a green card. My intention was to visit various places to find the ideal part of the country for me to live, which I did, and then return to the UK briefly to sell my possessions, and return to the US to stay.

However when I returned to the UK my mother was diagnosed with cancer, and as she lived alone, I helped her through it. Around a year later, my father also became sick with a brain tumor, and has thankfully since then recovered.

I wish to return to the US to live, however I have exceeded the 1 year limit for being away. I did not apply for a the re-entry permit when I was there as it would have taken 60 days, and I intended to only be gone for a few weeks.

I am investigating my options. It seems to be there are two options:

1) File for a SB-1 visa at the UK embassy.

2) Just fly to the US and explain to the border officer if asked.

I intend to prove my intentions by showing that I kept around $100k in a US bank account, filed my US tax return, did not purchase a property in the UK, and did not take employment in the UK.

I've read that the success rate of the SB-1 is low, but perhaps my reason for having a sick close relative is reasonable?

Any suggestions very welcome.

*edited adding extra info*:
My green card was through F2B family sponsorship from my father (Unmarried children of permanent residents), and he is now a citizen. I am unsure if SB-1 would be complicated by this change in potential category.

ian-mstm

To clarify, after 1 year your green card is no longer a valid travel document.


You must demonstrate that you always intended to return to the US and that your time outside the US was due to a situation over which you had no control. From what you've written, I think you have a good chance of getting the SB-1.

Ian

petitefrancaise

From what I read in a thread on another fb group, I would also think the OP should not have a problem getting the SB-1.

Twinkle0927

But where does your father live? It looks like he moved to the U.K then developed a brain tomour. Or is he in the USA?

ian-mstm

The OP has a green card... how he got it doesn't enter into the equation, so where his father lives is irrelevant.

Ian

ian-mstm

What "potential category" change are you talking about? It's irrelevant how to came to be a permanent resident. You have a green card... that's all that matters.

Ian

S Folinsky

I strongly suggest you have an individual consultation with an immigration attorney who is expert on the law and practice of abandonment. Most immigration lawyers do NOT have such experience. Ask the lawyer if she has either TRIED an abandonment case or is associated with an attorney who has tried such a case. (Note that a trial of even one case will suffice).

I am quite serious on this recommendation - before you do anything. I am retired and have no skin in the game so to speak.

It should be noted that there are some situations which should not be discussed on a public forum and are best addressed in individual consultation.

Furthermore deponent sayeth not.

S Folinsky

Having tried a few of these cases when I was in practice, I will say that there are facts mentioned by OP that strike me being of concern. OP may very well have a good case, but it can be problematical. The procedures used may very well determine the outcome.

ian-mstm

Once again, your penchant for obfuscation borders on the incredulous! I agree that covering up a murder, for example, "should not be discussed on a public forum and [is] best addressed in individual consultation" but unless you're going to be more specific, perhaps it's better if you say nothing at all.

Ian

petitefrancaise

Really? Which facts? Which procedure do you think the OP should use? why don't you just give advice?

OP Turn up with proof of what happened. Death certificates, hospital letters, etc. Proof of continued ties with the US - bank accounts, tax returns, driving license showing intention to return. Emails between you and your boss showing your intention to return?

S Folinsky

OP asks very good questions. I'd like to see him succeed. Based upon what I see here, and with knowledge of case law and practice, I see reasons for concern.

It's OP's life, not yours.

Jack8602

Feel's like I'm reading something out of a medieval novel with your replies.

I vote one doth go to thy pub and drinketh thy ale and chill tf out

petitefrancaise

fair enough.

Why don't you advise the OP then? Step by step through it all? Or at least some helpful hints? Like many of us do in other circumstances?

MidAtlantic

The OP has posted in a public forum. Why not share your wisdom with the OP and all of us, including anyone else reading this in the future, so that we can understand what those concerns might be?

S Folinsky

Actually, I think the OP's situation is analagous to being accused of murder albeit of his permanent residence status.

I do not intend to be obtuse. In fact I am being quite clear -get legal advice.

For your own information, look up the case in Google Scholar of Angeles v District Director INS. Ms. Angeles had an excellent attorney AFTER the brown material hit the fan. Want to know what little piece of advice might have avoided her problem? The recommended port of entry. Seattle then had the immigration judge from hell sitting on the bench. Of course, Angeles can be "distinguished." But there are many fact similar to OP there in.