soysale

Hello,

I got my greencard in November 2009 and had lived in USA since then to June 2011. I went back to my country, Turkey, in June 2011. After 10 months, April 2012, I visited USA for a week to keep my greencard. But after that I could not go there again. Finally I pulled myself together and flight to LAX last week. CBP officer asked me how long I stayed abroad, I told the truth which is 4.5 years. Then they gave me two option. First; abandoning the greencard right there immediately, Second; refering to immigration judge. But for the second option they told me I had to stay in the US till the hearings occur, otherwise I would be deported. Then I choose the first option. I abandoned my greencard right there. They gave me a waiver to stay inside. They told me I could apply for the returning resident visa once I am ready to go back to the US for good.
My question;
1- Is it possible to get the SB-1 visa for my case?
2- Am I going to try to convince consulate that I did not abandon my residency intentionally in 10-20 mins?
3- Even if I get the SB-1 visa, does SB-1 visa give me the right to work in the US?
4- Does SB-1 visa give me the chance to get citizenship after 5 years?

scrubbedexpat099

1. No

2. How?

3. Yes

4. Yes

Olly_

If you've signed the form to abandon your permanent residence status then I don't see how you could possibly qualify for an SB-1 visa?

Realistically you've not lived in the USA since 2011, you can't just pop in for a week to keep your green card alive.

Noorah101

Did you sign any forms in order to give up your green card? Or did you just hand it over to them without signing anything?

I think you would have a hard time getting a returning resident visa now, since you voluntarily gave up your resident status, on top of having lived outside the USA for about 7 years!

How did you obtain the green card, and is that path open to you again?

Rene

Olly_

Just noticed your previous thread - http://britishexpats.com/forum/us-im...encard-842210/

Hmm...

Wintersong

How does that work?

scrubbedexpat099

You end up in front of an IJ and they decide.

celticgrid

I was wondering the same. How can they deport someone who isn't in the country?

Pulaski

If he had been allowed into them country holding his GC, then he either (i) would be required to appear in court, or (ii) (if he hadn't shown up in court), he would be subject to deportation.

ian-mstm

Umm... they lied to you! You have abandoned your status; you are no longer eligible for a returning resident visa.


1: No.
2: No. You chose to abandon your status. That was your choice. It was a stupid choice.
3: Yes, but since you can't get an SB-1 visa, it doesn't matter.
4: Yes, but since you can't get an SB-1 visa, it doesn't matter.

Ian

soysale

Thank you all for your replies.
I was not aware of any returning resident visa till the CBP officer told me.
I had to make sure if I can resume my residency in the US before I turn my life here upside down. So I went there for a week. That's why second option was not an option for me. I did what I can possibly do in that situation.

scrubbedexpat099

You can not suspend residency so you can not resume. Best bet is to reapply.

Pulaski

How did you get your green card in the first place?

soysale

By lottery.

Pulaski

Oh dear.