zarya

Hi there, I guess this is my story:

For almost 8 years of my life I lived in California, I grew up there with my family. My father applied the green card lottery and won. We moved to the states shortly after. My sisters were both were born in California and thus automatically having a citizenship.

Unfortunately my parents never applied for a citizenship for me. We moved the year after I could apply (used to be 5 years in order to get citizenship).

I am very uncertain on how to obtain a citizenship of any form.
My first plan is to go back on a vacation next year for a total of 3 weeks. My goal is to take a look around, enjoy myself and see if it is worth it.

If I obtain a visa of some kind, I have really no idea on how long my stay would be, my guess is 1 year for starts.

Please let me know what my options are, the local embassy doesn't seem to want to listen to my story at all.

Regards,
Ian

Ray

Your past is no help from what you say ..
you start at the beginning again

have a read here

http://britishexpats.com/wiki/Pulask...ork_in_the_USA

zarya

I've already read that post. As I said my sisters are US citizens but they are not living there. I've heard this might help on my green card application?

Noorah101

Your sisters can apply for your Immigrant Visa to the USA, but it takes around 10 to 12 years to process. I'm not sure if THEY need to be living in the USA at the time. Something you can look into, though.

Rene

Folinskyinla

Hi:

You don't begin to give enough in the way of facts to evaluate if there is an abandonment or not. This is a gray area of the law.

zarya

You don't begin to give enough in the way of facts to evaluate if there is an abandonment or not. This is a gray area of the law.

My family moved back because my parents thought that it would be better for us to grow up in my home country.
There is no exile involved here, at all.


Regarding the immigration, how could it possibly take 10-12 years to process? :O
Really? It's worth a shot if it's possible. My sisters live here in norway and have a dual citizenship.

ian-mstm

You do not understand. What was your status in the US at the time you left? Were you a US "permanent resident"? Not your parents, not your sisters... *you*. Were *you* a US permanent resident at the time you left the US?


It does *not* actually take 10-12 years to "process". However, there is a quota each year on the number of visas that become available (unless you are the spouse of a USC)... and there are a lot of people in line ahead of you... a *lot* of people. It will take 10-12 years before a visa becomes available. Once the visa is available, it will probably process in 6 or 8 months.

Ian

zarya

I believe I was not a permanent resident. I thought you had to apply for that after living there of a total of 5 years? If I did do that I'd probably have no real reason posting this.
I could live there because my father had a valid green card etc.

Folinskyinla

Hi:

I was under the impression that your father won the "lottery" and your whole family immigrated to the US. The five years is for citizenship, not permanent residence status.

snowbunny

If you had permanent residency that derived from your father's permanent residency, then the question is whether or not it's been abandoned by your move out of the US.

So -- how long ago did you leave the US? what immigration status did you hold then? did you have an SSN? had you worked/paid taxes?

It is *possible* to apply to regain permanent residency status if you had it before.

zarya

I am not sure about my immigration status, yes I had / still have a SSN.

I am going to check that up.

I'll let you guys know within the day.

Folinskyinla

Hi:

Badly worded. The regulations and statute says one is an LPR 'such status not having changed.' Until there is a formal determination of loss of LPR or an I-407 is executed, anyone who has EVER been an LPR can claim the status. However, there is CASE law that makes it a grey area. And it is truly a case by case basis.

It is also an area of law not well understood by most immigration lawyers, immigration officers and immigration judges.

zarya

I have a Social Security Number and my immigrant visa right here.
My visa expired in 96 it says ( the year we left California) As far as I know I am liable to renew my visa? (I have not payed any taxes nor worked in the USA).

I was a permanent resident when I lived there (under my fathers green card).
I am not sure on how to do things from here really.


what are my options?

Folinskyinla

Hi:

Consult with a lawyer. By the way, you are misusing the term 'visa'.

Elvira

Would that be a lawyer experienced in PR abandonment issues?