northeast

Hi all

Just wondering if anyone can help

We are a British family that lived in the US from 2007 to 2013. We all had green cards (still have) but since leaving in 2013 we haven't returned, this was because my husband was transferred back to the UK. Our son at the time was only 16 and still in school so had to come back with us, he always intended to return. He attended a local college from 16-18 and then for the last two years has been at drama school here. Now that he is in his third and final year he wants to return to the US to live. He is in talks with his old acting coach in the US who is also a talent manager about the possibility of returning to the US to work. I've told him that it isn't as straight forward as that because he hasn't been back to the US since he left. I know that green card holders can apply for a Returning Resident Visa but I don't know how it would apply to him as he was only 16 when we left (he is 20 now), he obviously doesn't own a property there (he may still have a bank account there but I'd have to check).

I know it is a long shot but am just wondering if anyone else has been in a similar predicament.

Thanks for reading

PetrifiedExPat

Others with more experience will comment on your case, but, have you all been filling tax returns as US permanent residents from 2013 (assuming you earn above the thresholds)? I believe you should have been to be in good standing with the IRS.

Edit: I am not sure if your case counts as renouncing your perm. resident status. I will be interested to see others insights.

northeast

Thanks for the reply. Yes, we've been filing with the IRS but as it is just my son hoping to return (he was only 16 on departure so didn't work) I didn't know if they would look on him favourably as he was a child when he lived there.

PetrifiedExPat

I am not sure, others will comment with some good advice

petitefrancaise

I don't have much to add here but wanted to follow this thread.

A quick read of the uscis page on returning resident's visa and it looks like your son is going to need to prove that he always intended to return as you have written.

ian-mstm

He must demonstrate 2 things: 1) that he always intended to return to the US; and 2) that his inability to return to the US before now was beyond his control. He's probably able to demonstrate Part 1... but will be hard-pressed to demonstrate Part 2, since going to school in the UK was well within his control as a reason not to return.

Bottom line - there's nothing to lose by applying for the visa. It'll either be approved or denied.

Ian

Twinkle0927

The returning resident visa is for people who didn't intend to stay out of the country so long and whose absence from the USA was intended to be temporary but for reasons beyond their control they could not return when planned. For example they went to visit family in their home country but had a serious illness and couldn't return until well enough to travel. Or some other tragedy befell them. Since you packed up everything and moved, took a job in another country and enrolled your children in school, it will be almost impossible to prove that you intended to return and the reason you didn't was beyond your control.

ian-mstm

True - but they aren't the ones trying to get back to the US. The son had no choice but to move when the parents did. What happened after that, however, may or may not make a difference.

Ian

scrubbedexpat099

He is 20, could have returned a long time ago.

petitefrancaise

well, it will cost them a little bit of money to have a go. Good luck to him.

FWIW, I got my son a travel permit for the next 2 years - he will be at college in EU and whilst not strictly necessary if he returns at least every 12 months, I will be keeping his options open just in case he can't.

S Folinsky

A confidential consultation with an immigration attorney experienced in immigration issues might be a good idea. It might be more useful than a public discussion.

Furthermore deponent sayeth not.

ian-mstm

Or, it might not be.

Ian

northeast

Thanks all for your input. We haven't gone the immigration attorney route yet as I thought I'd check here to see if anyone had been in a similar situation. It is just my son wanting to return, not us. He kept his bank account open in the US, he may bite the bullet and apply anyway, I guess there is nothing to lose. I'll update here on the outcome in case it helps others.

petitefrancaise

Good luck to him

S Folinsky

Us legal types often factor "what have you got to lose" into laying out possible strategies. It is often referred to as "risk assessment."