franki

Hi,

It looks like we're going to be returning to the US. Hubby has started packing boxes while I still haven't quite accepted it. I had to surrender my residency card on a trip back there last month, it's been a year and a half since we left anyway so I'm thinking I'll have to start from scratch with that??? The other thing that worries me is the economy. Do you think it's going to get a lot worse? Do I need to worry that maybe this isn't the right time and that we'll end up not being any better off over there than we are here? I'm just very scared. If we do make this move, it has to be the last so we need to be sure. Thanks for any advice.

Tracym

If you do not have permanent residency you won't be moving there yet I don't think. Could you give some more details about surrendering your card? It might be pertinant.

If you indeed do not have permanent residency, you would have to start over, yes.

franki

Well, I wasn't even going to take it with me as I was only going as a visitor for 2 weeks but I did just in case. They asked to see it at Manchester and said I would probably have to surrender it on arrival in the US, which I did in Chicago. I figured it was due to expire soon anyway so didn't really care. The immigration officer said it would be easy to become a resident a second time if I decided I wanted to and that I would need SB1?? I don't think I qualify for that though as we thought this was going to be a more permanent move.

Tracym

Hmmm. Well it's kind of unfortunate you didn't care - while the card expired, your status as a permanent resident probably didn't. Not meaning to criticise at all - it's a common misconception.

Did you have a 10 year card or a 2 year card (conditional based upon marriage)?

If it was the two year conditional card, I believe you would indeed have to start over.

If you had a 10 year green card, the fact that the physical card expired was irrelevant. But perhaps what you have done in surrendering the card was to give up your permanent residency.

If you have, I believe you'd have to start over, and apply for permanent residency again. If there's something special about the second time, I do not know it - hopefully some other folks will wake up and comment also

Marocco

What is your husband's nationality? Is he a GC holder or US citizen?

Sue

As this subject of this thread seems to be more about the OP's green card status I am going to move it to the Imm forum.

Sue

franki

Hubby is a US citizen and kids have dual.

Marocco

Sounds like you'll have to apply for an immigrant visa before you start packing...

Tracym

Are we positive her previous permanent residence is gone?

It does sound like it - but are we sure?

Bluegrass Lass

If you don't have PR status due to giving up your card, then you can't 'just pack up and move back'. You need a visa to allow you to re-enter. Depending on your OH's residency status and how long he has lived in the UK, he might be able to file the I-130 with the US embassy in London to get your spousal visa going. That currently is taking around 4-5 months (I think) to get approved. You will have to have a medical again and all that.

Your best bet is to figure out if you truly have given up your PR status. You may be surprised. have a consultation with an immigration lawyer with experience in abandonment cases.

ian-mstm

I agree with Tracy. Even if the card expired, your status did not. You *are* a US permanent resident until an immigration judge (IJ) says you aren't. You should not have surrendered your card as you now have *no* proof of your status... unless on the offchance, you make a photocopy of the card.

With no proof of your status, you will get pulled aside at the PoE for secondary inspection. In your favor, if you claim to be a PR you have the right to a hearing in front of an IJ. The US government keeps records, but it will take time to search the database to find your name. If you are still considered a PR, you will be allowed to enter the US and you will need to find some way to get hold of the physical GC. If you are considered to have abandoned your status, you will find yourself on the next plane back to the UK. That you are married to a USC and have USC children is irrelevant.

Ian

Tracym

But did she sign something giving up the PR?

Also - was it conditional on marriage? In which case, if there was no removal of conditions, I suppose it wouldn't be valid

Seems to me before either coming to the US and claiming to be a PR, or applying again to be a PR - she needs to figure out if she currently is or not.

I think perhaps you're not exactly correct on the abandoment - next plane thing. Didn't Mr. F say it would take a while... and the person would be released OR until a hearing? Or perhaps you mean, the next plane after the hearing?

To the OP - can you tell us if you had a 2 year or 10 year green card?

Elvira

What about a Returning Resident's Permit?

(Though it sounds to me like she doesn't really want to return...)

Tracym

Maybe... I haven't yet figured out if she's technically still a resident or not.

Noorah101

Franki,

Did you and your husband file joint US tax returns while you were in the UK?

Previous to this last visit when they took your green card from you, had you ever entered the USA as a visitor while you still had your green card in your possession?

You and your husband should realize that if you do have to start over, you'll need to get an Immigrant Visa before you can move to the USA. He will need to file an I-130 there in the UK, and it will take about 4 to 6 months until you have your visa in hand. You cannot legally hop over to the USA as a visitor with the plan to stay and adjust status in the USA.

Your priority here should be to determine whether or not you truly have abandoned your permanent resident status, and you probably need an immigration attorney for that...one with experience in abandonment cases.

Best Wishes,
Rene