Help in e applying for permanent residence
 

Hi it’s been a while since I have been here.
I have been out of the USA for more than 2 years now due to family issues at home so my green card is no longer valid it is now considered as abandoned. I am now looking to return to the USA with my daughter and know that I will need to re apply again through the London embassy.

But my husband asked if I could return on a 90 day waiver and apply in the USA rather than doing it in London would I be allowed to do this.
My first application was done in the USA after I got married there:confused:

Re: Help in e applying for permanent residence
 

Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.

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

Re: Help in e applying for permanent residence
 

Hi thank you for getting back so quick I have contacted the London embassy via e-mail and they say I am considered as abandonment of my green card due to it being more than 2 years and they did explain the re-entry permit to me but for me to provide information to prove that my extended stay was out of my control I think is a lot harder that a new application and if I did get all the relevant documents to proof this they will not guarantee me entry.

I had my 10 year green card and did intend to return but my situation changed while I was on holiday in the UK. I didn't know at the time I left the USA that I would be away so long. So do you know if I would be able to go back over on a waiver and apply or should I just do it from London

Re: Help in e applying for permanent residence
 

Hi:

You do not give enough fact to determine whether or not you abandoned. As your post is written, it appears that you believe that time out is the SOLE factor you abandoned. Since it is well established law that time out is not the only factor to be considered, you may have gotten some misinformation.

I would not use the WP program -- that is risky. There are other ways to approach this.

Re: Help in e applying for permanent residence
 

Fortunately for you, the Embassy worker you spoke to doesn't know the law. Time outside the US, by itself, does *not* constitute grounds for abandonment.

Ian

Re: Help in e applying for permanent residence
 

Um. He doesn't have the correct document to seek entry to the US. The consulate would issue that document. It's called an SB1 or a new immigrant visa.

Re: Help in e applying for permanent residence
 

When I wrote to them they asked me for my A number and the date I left the USA and when I gave it to them they said I was then considered as abandoned with the information they already new how long I had been away and I did not have a re entry permit as I was intending to return after my holiday they did not say why it was considered abandoned and then just gave me links to read the information on line.
When I asked them about the returning resident I told them the reason I over stayed is that my dad got really sick and needed the help to recover and has really just got on his feet again they did mention if I apply for that I would need to provide info to prove it was out of my control as I mentioned before but did not advise me of what kind of documents to send.

Re: Help in e applying for permanent residence
 

SK,

More information is required, as others have pointed out, to determine if you have abandoned your permanent residence status. Is your husband a US Citizen? What ties have you maintained to the US (bank account, car payment, filing taxes,) and do you have anything that shows you intended to return (storage unit, mortgage, etc.)?

Even with this information it'll be impossible for anyone here to determine whether you have abandoned your status, since it's a very fuzzy part of immigration law.

The way I see it you have a few options.

- Assuming your husband is a USC, apply again via DCF (if you are eligible) or via the relevant service center for your spousal immigration visa. This is probably the safest route, but it will take some time and money.

- Apply for SB-1 returning resident visa at the consulate. You would need a good case that the situation was not within your control. Your father's sickness should help your case. Proving that you have maintained ties to the US during your time away should also help.

- Fly to the US and attempt to enter using your green card. Bring as much evidence as you can of your continued ties to the US and the reason for you having been out of the country for so long. The immigration officer at the point of entry should not turn you away since you have had LPR status. Whether you abandoned your status is a determination that an immigration judge will make. This carries some risks. They could detain you until your appearance before the judge. Or they could let you in to the US and you would be able to live and work until your court date. Or they could decide that you did indeed always intend to return and just let you pass with a stern warning to not do it again.

If you decide to go with the last route it would be advisable to consult with and retain a lawyer who is well acquainted with abandonment issues. It would be a good idea to do that anyway, or at least have a consulting session with them to better understand your options and the risks involved. They'll be far better placed to advise you than some Scottish guy on an internet forum who's most definitely not a lawyer.

Re: Help in e applying for permanent residence
 

And you need look no further than post #4 in this thread to find one.

Re: Help in e applying for permanent residence
 

Well, they're wrong.

Ian

Re: Help in e applying for permanent residence
 

Thanks guys for all your advise it has really been a lot better that london consulate e-mails. Now I know what I will do now and have a better understanding of it and how to go about me returning. With the sounds of it I would be better getting my husband who is a USC to start the visa application again less hastel but costly.

Re: Help in e applying for permanent residence
 

Do yourself a favor and consult with an immigration lawyer experienced with abandonment law before you do anything that may complicate your case further. One has already posted right here in your thread.

Re: Help in e applying for permanent residence
 

Yeh, don't bother paying a fixed cost to apply again. Be sure to throw a ton of extra money at an immigration lawyer. They are suffering in these trying economic times.

The OP is outside the US and a green card is insufficient to get back in after such an absence. They could try to get to the border and will likely be put into removal proceedings. Having a lawyer go with you to a few court dates is not cheap.

The OP entitled to apply for permanent residence based on the marriage. The fee schedule is public for that benefit. I don't see why people would encourage the OP to get into a mess with an unknown outcome when there is an established process that is most likely cheaper and faster than removal proceedings and a fight to keep a card they're not clearly entitled to.

Re: Help in e applying for permanent residence
 

Precisely. Which is why I suggested a consultation with an attorney experienced in abandonment issues in order to get a legal opinion on what the OP's options are before proceeding. The end result may very well be that the OP is advised to simply reapply. Or there may be other avenues available worth pursuing, based on details of her case we are not aware of. If I was the OP i would investigate all options available to me and the risk associated with each before making a decision on how to proceed.

Who's advice the OP chooses to follow is ultimately up to her, of course.

Re: Help in e applying for permanent residence
 

A free consultation wouldn't do any harm provided that the OP is careful not to blindly follow the advice. I'd be concerned that an immigration attorney would see dollar signs in this case and steer them towards a option that isn't in their best interest.

The immigration judge is likely to allow the person to keep their LPR status so the attorney could reasonably suggest that they go into removal proceedings. It would cost more money, take longer and have the same end result.

You have to look at the risk vs. rewards aspect of this case. If the OP didn't have a USC spouse, or was subject to priority dates then seeking a consultation with an attormey would be the obvious course to follow. However, they have access to one of the fastest immigrant visa mechanisms there is. The attorney is unlikely to have a more attractive alternative and could actually try to get them into an expensive and prolongued process.