Discodancer

Hi guys hope someone can give me some advice. I lived in the USA for 4 years I have a green card that expires in July 2014 I left the USA in may 2008 as my sister was diagnosed with breast cancer and my father had major heart surgery. My question is will my green card still be active as I left the country and came back to the UK. I am a registered nurse so would be okay to gain employment back in the US.

Noorah101

This is a very grey area. Have you been outside the USA continuously for these past 3 years? No trips back to the USA at all?

I assume you did not obtain a re-entry permit when you left the USA in 2008?

What ties have you maintained in the USA? Have you continued to file a US tax return each year? Do you still have your home in the USA?

It's entirely possible you have abandoned your US PR status, but only a US Immigration Judge can make that determination. If you try to enter the USA using the card you have, the POE officer cannot turn you away, but can let you enter the USA while you wait to seen Immigrant Judge (which could take some time...days, weeks, etc).

Rene

crg

http://travel.state.gov/visa/immigra...info_1333.html

Discodancer

Hi thanks for your answer, would it be worth going to the American embassy in London? I don't have a home in the US I still have bank accounts and am still licensed to work as a nurse.

crg

Abandonment cases are very complex. Even if we knew all of the details, it would be innapropriate give you specific advice on how to proceed.

It may help if you tell us how you originally obtained LPR status.

How old are you now?

What is the citizenship of your parents?

Were you ever,while under the age of 18, residing in the US with a US citizen parent?

Discodancer

I got the green card as I am a nurse and immigrated to the US with a recruitment company. I'm 49 years old.

Bob

This is definitely in the realms of wanting to speak to an experienced immigration lawyer, experienced in abandonment cases...

Noorah101

+1

Rene

Noorah101

Probably not, unless it's with an application for a returning resident's visa. Look into the details to see if you qualify.

Did you file a US tax return each year?

Rene

crg

You just have to be careful that the attorney doesn't select a strategy based on what is most lucrative for him or her.

Discodancer

No I haven't filed tax returns as I haven't being working in the US however I have been paying taxes in the UK. As previously mentioned I left the USA for family health reasons not because I wanted to. I'm considering signing up with a nursing agency and maybe returning to the US that way as I would have acess to their immigration lawyers. Another question I have us would it be worth contacting the US embassy in London as they issued the visas.

scrubbedexpat099

Ditto on that.

And your taxes?????

Discodancer

I filed taxes in the US before I left in 2008 but haven't filed since as I'm paying taxes in the UK.

meauxna

That statement does not make sense.

Filing US income tax returns reporting your worldwide income is a requirement of US Permanent Residents. It is also a way to show that you are still a 'resident' of the US. Looks like you ignored many of the steps that would have preserved your residence status.

Noorah101

US PR's are required to file a US income tax return and report worldwide income. Paying taxes in the UK has nothing to do with your requirement to file a US tax return each year.

The reason may or may not be an issue. An immigration lawyer can help you figure it out.

That still won't solve the problem of what will happen to you at the US POE after such a long absence.

See my answer to this in Post #9.

Rene