coldplayer2010

G'day all!

I am a UK citizen who grew up in the US and held a Green Card. I returned to the UK aged 18 in 1991. Emigrated to Australia in 2004. I have possibly found my dream job in the US, but they don't have it in their budget to sponsor me, sadly. Please can you tell me what the score is with my green card? I've tried doing loads of searches but can't find the info I need. I have been to the US every few years since I left, but never used my Green Card. IS there any way of getting it reinstated, do you know? Or is it null and void now? My mum seems to think it can be 'reactivated'? Please help...desperate for info!

Cheers!

scrubbedexpat099

Null and void

discoviking

You might want to have at least a one time consultation with a US immigration attorney experienced with abandonment issues, preferably one who has tried at least one abandonment case.

Abandonment law is a rather murky subcategory of the US immigration code.

If it was me, I would speak to Mr. Folinsky, but you are of course free to pick (or not) any attorney you may feel comfortable with.

Mr. Folinsky's contact information can be found here:

http://www.folinsky.com/

JAJ

Green card is likely null and void. Did you never want to become a US citizen? Incidentally, if both parents naturalized before you turned 18, you may have become a US citizen anyway.

If you have become an Australian citizen, then perhaps the E-3 visa is an option although the way back to a green card won't be easy.

coldplayer2010

Basically we were living in NJ, my dad was working for insurance company in NYC...shortly after getting our Green Card's, he decided to return to the UK to finish our last few years of education in the UK school system, something I have always resented them for (that's a whole other post, lol) so I wonder if I can say that the decision to return to the UK was not mine...I never wanted to leave....in fact , ha ha, I can prove I went off the rails...I tried to get myself expelled from boarding school as I thought they would send me back to the US (young minds work in mysterious ways). I have never let go of my desire to return to the US, and although we are somewhat settled in Adelaide, my heart is in the US. I am desperate to find a way back.

ian-mstm

How much time/money/energy do you have? Make a trip to the US and present your GC to the officer. If you have *ever* had a claim to being a US PR, then you have the right to appear before an immigration judge who will make the final decision as to whether or not you have abandoned your status. One of two things will happen - the judge will either confirm that you are a PR, or will confirm that you aren't. If you are a PR, you'll be allowed to enter the US... if not, you'll be sent home. Either way, you'll have your answer and will be able to move forward from there.

There really is no way to know, ahead of time, what the outcome will be... lawyer or not.

Ian

crg

I suspect the likelyhood of convincing an IJ that they have not abandoned would be quite slim. The parent's intent is often considered to be the child's intent in abandonment cases.

What does this card look like? Are there wavy lines on it? Is it a Form I-151?

discoviking

Based on the limited information provided by OP, i would tend to agree. However, as we have seen many times in the past - the devil is in the details. It is of course OP's decision on how to proceed, but the way I see it he has nothing to loose except the consultation fee, should he choose to consult with an immigration attorney for a more thorough review of the facts concerning his particular case.

scrubbedexpat099

In your first post you said you were an adult when you left?

And it is now 20 years later.

crg

I'm not saying that it isn't worth a consultation, but I wouldn't drop over to the US and ask to be put into removal proceedings. The case could go on for years and then the OP could be uprooted if they lost the case. Of course an attorney with dollar signs in their eyes may inflate the likelihood of success in order to profit from the case.

discoviking

Then I think we are pretty much in agreement. A consult with the right attorney for a review and reality check would be better than trying to re-enter as an LPR unprepared after being gone since 91. This can probably be done via phone if OP chooses a US based attorney, or he might be able to find one locally down under.

crg

Just so it's clear though, the proper procedure is to obtain an SB1 Returning Resident visa packet at the US consulate before commencing travel.

JAJ

You said in post #1 that you left at age 18, that means what you've written above doesn't make sense.

scrubbedexpat099

2nd year A Level?