Originally Posted by meauxna

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.
Abandoning Permanent Resident Status


You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently
* Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
* Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

Originally Posted by Boiler

Did you intend to leave your husband and children behind?

Originally Posted by jaxslad

I agree with meauxna...

This is a classic abandonedment of your permanent us resident.

You just can't leave for 7 yrs and think you can just walk back in.....that just won't happen....with or with out a P/R card...unless you can prove strong ties to the us in that time such as...filed wit the IRS..homestead, payed bills ect...

This is a Lawyer's job, but i feel even a Lawyer would have some big problems..with this...

Oh by the way.....If you move to a different address as a P/R card holder ...you must let the uscis know, in 10 days of you doing this....i think 7 yrs is a bit over due huh?
so your P/R card might be cancelled now and you just don't know about it, as the uscis only knew your last address..

Best bet is to start over again with the uscis process..

Originally Posted by mishmash

Thanks for the information. Can you tell mem what a P / R card is? Plus what is the uscis process? Might have to consider returning to the UK.

Thanks.

Originally Posted by jaxslad

P/R = permanent resident (Green card)

where are you living now? and is your wife/Family with you?
How did you get a green card in the first place? is your wife a usc?
If she is, then it might be better to apply all over again maybe through London, but run your history by a lawyer who deals with a situations like yours before anything..
But Like i said i would'nt hold to much hope on your P/R being active now as you have been outside the us far to long in my eyes..

Best wishes..

Originally Posted by mishmash

Hi Jaxslad,

I'm living in the Dominican Republic (DR) of all places. My husband is Dominican. He was refused a UK Spouse Visa, so that's why I live here in the DR. Education, health cover and crime rate are an issue here, so I would like to move to another country. I don't have citizenship in the states. I may have to apply for a UK Spouse visa again and return to the UK. I was thinking to emigrate to the states again, as physical therapists are paid more than in the UK. I'm not sure what the new health plans are in the states and the benefits I would have been entitled to as a healthcare worker. Anyway, I don't think I want to go through the greencard application all over again. I original got my P / R through a family member sponser via the lottery.

Originally Posted by fatbrit

Originally Posted by mishmash

Hi Jaxslad,

I'm living in the Dominican Republic (DR) of all places. My husband is Dominican. He was refused a UK Spouse Visa, so that's why I live here in the DR. Education, health cover and crime rate are an issue here, so I would like to move to another country. I don't have citizenship in the states. I may have to apply for a UK Spouse visa again and return to the UK. I was thinking to emigrate to the states again, as physical therapists are paid more than in the UK. I'm not sure what the new health plans are in the states and the benefits I would have been entitled to as a healthcare worker. Anyway, I don't think I want to go through the greencard application all over again. I original got my P / R through a family member sponser via the lottery.

Originally Posted by jaxslad

You just can't leave for 7 yrs and think you can just walk back in.....that just won't happen....with or with out a P/R card...unless you can prove strong ties to the us in that time such as...filed wit the IRS..homestead, payed bills ect...

Originally Posted by ian-mstm

With all due respect, you're wrong. If someone has a GC, the officer at the POE must allow them to enter if for no other reason than because a PR has the right to a hearing before an immigration judge - and it's the IJ who will make a final ruling on whether or not they have abandoned their status. They may be held in detention pending the hearing, but they certainly can "just walk back in".



Please don't confuse the card with the status. Only an IJ can terminate someone's status - something that even USCIS doesn't have the authority to do. I'll also note here, that time outside the US, by itself, does not constitute abandonment of status.

Ian

Originally Posted by The Horticulturalist

Did you get married after you got your green card?

If that's the case then even if you manage to get a succesful outcome to your abandonment case your husband would have a long wait for a green card.

Originally Posted by newXgate

Another option would be to apply for a Returning Resident Visa (SB-1 visa). It will cost you $400. From the State Dept. web site :

"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."


Note that applying for the visa does not mean you will be approved - it depends on the facts of your case. However, if the OP is looking for a way to determine if they still have PR status without travelling to the US, this would be the way to do it.
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