stephaneg

Hi, my problem is that i have been out for 3 years sense 2008. i lived in the usa for 16 years. i want to go back. i left because family maters but didn't know about re inter permite. now they say once you out you cant apply for a re enter permite. but can apply for a SB1 VISA, but i stop filling my tax return and don't have a bank account anymore just have friends and ex wife.
so what can i do? can i try to go back with my green card and tell the truth once i am in fron of the imigration officer? or should i lie and say i left 3 weeks ago?
what should i do? i dont want to lose my card the usa is my home for a long time. my only mistake is that i didn't apply for my citizenship so please anyone have an idea?thanks

Jerseygirl

Welcome to the site.

Opening multiple threads on the same subject is very confusing.

Lying to an IO is a really really bad idea. They use these new fangle devices called computers...they can bring up all sorts of information on you.

Rete

In all likelihood your residency will be considered abandoned by the agent at the POE if you have been outside of the US for 3 years. I understand that English is not your first language and hope that my response makes sense to you.

Not having filed US tax returns; not having maintained anything that might be used as evidence that you didn't abandon US residency, i.e. apartment, family still living in the US, bank account, etc. and leaving without first obtaining a re-entry permit from the USCIS by filing the I-131 will be proof to an immigration judge that you didn't do anything to perserve your residency in the US.

SB-1 is a returning resident permit issued by the US Consulate. It, alone, might not be enough to preserve your US residency status if your reasons for being outside of the US for three years and for not having done anything to show that you were not abandoning your status.

Also you mention an ex-wife. Is the ex-wife a USC and was your marriage to her the basis for your eligibility to permanent residence status? If so, was your status conditional (CPR - 2 year greencard) and if so, did you successfully apply for removal of conditions or was your status lawful permanent resident (LPR - 10 year greencard).

I ask the above because while you stated you lived in the US for 16 years, you don't say if you were a PR for 16 years or indicate when and how you became a PR.

stephaneg

hi and thanks for your reply.
My GC is valable till 2013 i was married 8 years.
so what can i do if the SB1 don't work? my GC is still valable as now then but it wont be when the immigration officer will tell me you stay away to long then they will take my GC and take me out the sistem right? what about if i find a other way to get in? what about if i go as a tourist and on't shaw my CG? i have an other passport too from an other country that i never use can i use that to go as a tourist?
thank you for your help.

Noorah101

The date on your plastic green card has not yet expired, but it could very well be that you have abandoned your PR status anyway. The two are not really related.

Have a consultation with an immigration attorney. Or start looking for another way to the USA.

Not quite right. If you show up at the POE and present your unexpired green card, you might be OK. Or, the POE officer might say you've been away too long and will refer you to go before an Immigration Judge who will make the final decision on whether you are still a PR or not.

What about it?

Then you can visit for up to 90 days.

Sure, you can use any passport you want. Keep in mind that changing passports doesn't change anything about your overall scenario, though. Your immigration history is linked to many other things, not your passport.

Rene

stephaneg

I see..but if i get in as a tourist, then i can use my green card again because i am a permanent resident right? even if i came as a tourist it doesn't mater once i am in the country? what you think?
ok say i go back tomorrow with my green card and just act like i am returning from a little vacation. do they know right away in the computer that i was out 3 years or they need to check it? if they don't check it, i could take my chances to just try? what you think about all that?
the thing is i left for family mater and i didn't know that i needed to have a re enter permit, and file my tax and all that..by the way can i file my late taxes on line ? from 2008 till now?
thanks again for your time.

sir_eccles

If you attempt to enter as a tourist not declaring you are a GC holder that may be taken as an indication that you have abandoned your status as a PR. Plus there is the question, what would the ESTA system do with a person it quite probably knows is a GC holder?

stephaneg

IUnderstan..so what to do?

Noorah101

Have a consultation with immigration attorney who can look at your overall scenario and tell you what your chances are of preserving your US PR status at this point.

Rene

stephaneg

ok i will look into getting a lawyer. thank you for your time

ian-mstm

If you have a green card, you will NOT be denied entry to the US. However, before you are allowed to enter, you will likely have to go before an Immigration Judge who will make the final determination of whether or not you have abandoned your status. It doesn't matter that your green card is still valid... what matters is how well (or not) you have maintained your ties to the US.

In the time between when you show up at the US border with your green card and when you get to see an immigration judge, you might be held in detention or you might be paroled into the US until the hearing date.

Whatever you do, do NOT lie to any immigration official.

Whatever you do, do NOT miss that appointment with the Immigration Judge.

Ian

avanutria

You can file your taxes late. I don't know if you can do it online. Try googling "file back taxes irs" and see if that gets you anywhere.

stephaneg

thank you with all the forums i did and all the question i ask about this you are the first person that gave me some hope on that. so i will try that and just go there and see what will happen. bye the way how do you know thatare you a lawyer?
thanks again

Noorah101

I said the same thing in Post #5. Just not in such great detail.

Rene

stephaneg

yes and thank you too..i just have more hope about the fact that once there i still have a green card and that they will give me the chance to see a jedge.