jkdiamonds

Hello there,

I've been out of the US since Nov 2003 and I applied for a returning
visa based on the fact that I was pregnant in early 2004 and was
advised not to travel or risk abortion, which already happened in Nov.
2004, then was receiving medical treatment the whole of 2005 (my
husband had to be with me for the operations) then I got pregnant
early 2006 and had the same issue till delivery by the end of 2006. I
provided all the medical documents necessary for that. I couldn't go
back in 2005 (the year in between) as my husband had his visa expired.

My question is, will I be eligible to get the visa? Do the case sound
eligible?

Thanks in advance for your opinions.

Ray

Basic rules
You were a lawful permanent resident when you departed the United States;

When you departed, you intended to return to the United States and you have maintained this intent;

You are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and

You are eligible for the immigrant visa in all other respects.
~~~~~~~~~~~~~~~~~~~
Have you kept property, paid bills, kept bank accounts and filed taxes since you left ...

-Herbie

Have you kept property, paid bills, kept bank accounts and filed taxes
> since you left ...
>
Well, until the last entry (before 2003) I was in my father's custody
and he was financially responsible for me. So basically I didn't have
any bank accounts nor properties etc in my name

Ray

Well you can but try ...But don't expect too much ...

-Herbie

> Well you can but try ...But don't expect too much ...

Thanks for the help. Looks like things are not too flowery. I filled
I-130 for my husband. Is that anywhere of help?

Sound Boy

Sorry to "hijack" this thread for my issue, but I thought I could get some help here by those with the same/similar predicament?

I believe that I can stay out of the USA for upto 1 year after I officially enter and get my stamp in my passport. The 1 year starts from the date in my passport - yes?

Trying to get confirmation of this from the US embassy in London is like pulling teeth. They seem adept at answering questions without 100% clarity.
I haven't found the US government UCAS web site of any help

If my belief is right, will I be able to re-enter without any problem if it is within a year?

I haven't been back to the USA since I first entered & left within 2 weeks in AUG 06 because of problems that occured with refurbishing my UK property and trying to rent it out before leaving (it is only just ready). I was intending on moving in November.

I am now intending to return in early July. Is it likely I will have a problem?
We were going to live with my wife's parents and that is where we are registered, but we have no bills or evidence we have actually lived there or anywhere else other than our hotel during our holiday in August.

Also, I am STILL waiting for my SSN , although I have my green (no, its really blue) card. I can't work without a SSN, so can I use this as a valid reason for my delay in returning?

Any help would be much appreciated.
Thanks for this web site.

ian-mstm

Would it have killed you to start your own thread?


Sorry, but your belief is incorrect. Being a "permanent resident" carries the obligation to actually *live* in the US. Regardless of why you left the US, the officer at the PoE can decide - yes, on his own without asking anyone else - that you have effectively abandoned your status in the US and therefore have no valid basis for re-entry. Not having a SS# is irrelevant.

Ian

fatbrit

Disagree! Merely whispering the words "permanent resident" will get you in front of an immigration judge to plead your case at the POE. Of course, you might have to wait it out in the slammer if the uniformed drone won't parole you in.

ian-mstm

No you don't... you agree with me. I just didn't mention that he had the right to appeal the decision and appear before an IJ.

Ian

fatbrit

Regardless, OP (well, second OP) possibly needs a returning resident visa if he doesn't want abandonment issues to come up at the POE.

Bob

SB1? returning residence visa...hard sell, because they couldn't care about rental or ssn issues...

10 months out, should apply for it before trying to get back in though or would end up with a bit of hassle...worth getting an immigration lawyer in to go over the options.

Sound Boy

how does the immigration officer know when I last left the USA - there's no stamp in my passport, so...?

Ray

For what purpose !!!

Bob

don't be naive in thinking they dont' know, if you had a greencard, they scan the card.

Templar

> > Regardless, OP (well, second OP) possibly needs a returning resident
> > visa if he doesn't want abandonment issues to come up at the POE.
>
> SB1? returning residence visa...hard sell, because they couldn't care
> about rental or ssn issues...
>
> 10 months out, should apply for it before trying to get back in though
> or would end up with a bit of hassle...worth getting an immigration
> lawyer in to go over the options.

Sound Boy

IMO, your chance of the denied entry is remote as it would be only 10
months long and is your only trip after gaining the green card. It's
not an extraordinary circumstance. Another long trip soon after might
get you in a trouble though.

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