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Reinstating Green Card Residency

Reinstating Green Card Residency

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Old Apr 19th 2002, 8:30 pm
  #1  
Jason Pillman
Guest
 
Posts: n/a
Default Reinstating Green Card Residency

Hello,

I left the U.S. after a family death at 15 and have been away for about 4 years. I
have a green card and had lived in the US for 8 years attending grades 2 though 10.
Unfortunatly I was not old enough to claim citizenship when I left.

I recently wrote to the US embassy here asking about what I would need to re-enter
the U.S. (since when I left the US I had no idea about immigration law etc...). They
wrote back (eventually) and they sent back a standard letter with many sections and
one ticked which said:

"Because you have remained abroad for more than one year, or beyond the validity of
your re-entry-permit, you will require a new immigrant visa to reenter the United
States as a legal permanent resident and to resume your residence there. Please refer
to the attached form IV1 to determine the category of immigrant visa for which you
may be eligible and for instructures on how an immigrant visa petition can be filed."

Now, since I have no family still in the US, I figure that I will need some form of
employment based immigration. If I get such an offer and return to the US with an
immigrant Visa, will my Green Card automatically be "reinstated" or would I have to
re-do the 5 year process etc...

I understand that LPR status is rarely revoked through immigration courts etc... but
if I am am legal when I enter the country and then renew my green card (which will
require its picture re-newing at the end of this year), would I need to do anything
special in order to prevent them noticing the immigrant visa exipiring?

The part of the quote which made me think of this is the bit that says "resume your
residence" and also the notion that a Green Card citizen has his residence until he
relinquishes it or until the goverment proves that I have abandoned my residence. If
I set up a new home on the new Visa, I would have a residence, and I already have a
bank account, SSN, etc... from my existing life in the US.

Also, is there any problem in the mean time of entering the US on the visa waiver
program as a tourist? I have a new foreign passport which has no US markings. (I have
actually already done it once).

Thank you, Jason
 
Old Apr 20th 2002, 1:00 am
  #2  
Sylvia Ottemoel
Guest
 
Posts: n/a
Default Re: Reinstating Green Card Residency

Jason Pillman wrote:

    > I left the U.S. after a family death at 15 and have been away for about 4 years. I
    > have a green card and had lived in the US for 8 years attending grades 2 though 10.
    > Unfortunatly I was not old enough to claim citizenship when I left.
    >
    > I recently wrote to the US embassy here asking about what I would need to re-enter
    > the U.S. (since when I left the US I had no idea about immigration law etc...).
    > They wrote back (eventually) and they sent back a standard letter with many
    > sections and one ticked which said:
    >
    > "Because you have remained abroad for more than one year, or beyond the validity of
    > your re-entry-permit, you will require a new immigrant visa to reenter the United
    > States as a legal permanent resident and to resume your residence there. Please
    > refer to the attached form IV1 to determine the category of immigrant visa for
    > which you may be eligible and for instructures on how an immigrant visa petition
    > can be filed."
    >
    > Now, since I have no family still in the US, I figure that I will need some form of
    > employment based immigration. If I get such an offer and return to the US with an
    > immigrant Visa, will my Green Card automatically be "reinstated" or would I have to
    > re-do the 5 year process etc...
    >
    > I understand that LPR status is rarely revoked through immigration courts etc...
    > but if I am am legal when I enter the country and then renew my green card (which
    > will require its picture re-newing at the end of this year), would I need to do
    > anything special in order to prevent them noticing the immigrant visa exipiring?
    >
    > The part of the quote which made me think of this is the bit that says "resume your
    > residence" and also the notion that a Green Card citizen has his residence until he
    > relinquishes it or until the goverment proves that I have abandoned my residence.
    > If I set up a new home on the new Visa, I would have a residence, and I already
    > have a bank account, SSN, etc... from my existing life in the US.
    >
    > Also, is there any problem in the mean time of entering the US on the visa waiver
    > program as a tourist? I have a new foreign passport which has no US markings. (I
    > have actually already done it once).

See:

http://travel.state.gov/visa;returning_alien.html
http://www.americanlaw.com/maintlpr.html http://www.vkblaw.com/law/maintain.htm
http://antaoandchuang.com/i-keeping.html
http://foreignborn.com/visas_imm/ent...identalien.htm

This last one explains what would be required for you to re-enter the U.S. legally as
a permanent resident, under "Returning Resident (SB-1) Visa."
 
Old Apr 20th 2002, 3:30 pm
  #3  
Jason Pillman
Guest
 
Posts: n/a
Default Re: Reinstating Green Card Residency

Unfortunatly, I would almost certainly be denied the SB-1 visa due to the fact that
my stay abroad is not temporary and it is for such a long period of time (indeed in
the letter that the embassy sent back to me one of the tick boxes was to file for
this Visa and they did not tick the box).

This is why I was wondering if I entered the US on a new immigrant visa would my
existing Green Card then be applicable again. Or would I need to renounce my LPR
status to be able to apply for an immigrant visa?

Thanks again, Jason

On Fri, 19 Apr 2002 17:29:54 -0700, Sylvia Ottemoeller
<[email protected]> wrote:

    >Jason Pillman wrote:
    >
    >
    >> I left the U.S. after a family death at 15 and have been away for about 4 years. I
    >> have a green card and had lived in the US for 8 years attending grades 2 though
    >> 10. Unfortunatly I was not old enough to claim citizenship when I left.
    >>
    >> I recently wrote to the US embassy here asking about what I would need to re-enter
    >> the U.S. (since when I left the US I had no idea about immigration law etc...).
    >> They wrote back (eventually) and they sent back a standard letter with many
    >> sections and one ticked which said:
    >>
    >> "Because you have remained abroad for more than one year, or beyond the validity
    >> of your re-entry-permit, you will require a new immigrant visa to reenter the
    >> United States as a legal permanent resident and to resume your residence there.
    >> Please refer to the attached form IV1 to determine the category of immigrant visa
    >> for which you may be eligible and for instructures on how an immigrant visa
    >> petition can be filed."
    >>
    >> Now, since I have no family still in the US, I figure that I will need some form
    >> of employment based immigration. If I get such an offer and return to the US with
    >> an immigrant Visa, will my Green Card automatically be "reinstated" or would I
    >> have to re-do the 5 year process etc...
    >>
    >> I understand that LPR status is rarely revoked through immigration courts etc...
    >> but if I am am legal when I enter the country and then renew my green card (which
    >> will require its picture re-newing at the end of this year), would I need to do
    >> anything special in order to prevent them noticing the immigrant visa exipiring?
    >>
    >> The part of the quote which made me think of this is the bit that says "resume
    >> your residence" and also the notion that a Green Card citizen has his residence
    >> until he relinquishes it or until the goverment proves that I have abandoned my
    >> residence. If I set up a new home on the new Visa, I would have a residence, and I
    >> already have a bank account, SSN, etc... from my existing life in the US.
    >>
    >> Also, is there any problem in the mean time of entering the US on the visa waiver
    >> program as a tourist? I have a new foreign passport which has no US markings. (I
    >> have actually already done it once).
    >
    >
    >See:
    >
    >http://travel.state.gov/visa;returning_alien.html
    >http://www.americanlaw.com/maintlpr.html http://www.vkblaw.com/law/maintain.htm
    >http://antaoandchuang.com/i-keeping.html
    >http://foreignborn.com/visas_imm/ent...identalien.htm
    >
    >This last one explains what would be required for you to re-enter the U.S. legally
    >as a permanent resident, under "Returning Resident (SB-1) Visa."
    >
    >
    >
 
Old Apr 28th 2002, 1:30 am
  #4  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: Reinstating Green Card Residency

I think you need to consult with a competent immigration attorney about your options.

For the SB-1, it doesn't matter how long the stay abroad is, but rather whether you
had the intent to permanently move out of the US. Given that you say you left the US
at age 15 four years ago, I think you might be able to make a case that you were too
young and it was never your intention to move out of the US. It's not easy to do, and
not exactly a common case (SB-1s are fairly rare) so I would definitely suggest you
work with an attorney on this.

As to your second question: if you entered the US on a new IMMIGRANT visa, you would
automatically get a Green Card - not the old one, but a new one. That's what an
immigrant visa does.

If you entered the US on a new NON-immigrant visa (such as tourist or H-1B) then you
would be considered a non-immigrant, and it would be automatically considered a
affirmative act on your part that you really do not consider yourself a US resident
any more. In other words, it would greatly reduce your chances of getting an SB-1.

Ingo

On Sat, 20 Apr 2002 15:26:52 +0100, Jason Pillman
<[email protected]> wrote:

    >
    >Unfortunatly, I would almost certainly be denied the SB-1 visa due to the fact that
    >my stay abroad is not temporary and it is for such a long period of time (indeed in
    >the letter that the embassy sent back to me one of the tick boxes was to file for
    >this Visa and they did not tick the box).
    >
    >This is why I was wondering if I entered the US on a new immigrant visa would my
    >existing Green Card then be applicable again. Or would I need to renounce my LPR
    >status to be able to apply for an immigrant visa?
    >
    >Thanks again, Jason
    >
    >On Fri, 19 Apr 2002 17:29:54 -0700, Sylvia Ottemoeller
    ><[email protected]> wrote:
    >
    >>Jason Pillman wrote:
    >>
    >>
    >>> I left the U.S. after a family death at 15 and have been away for about 4 years.
    >>> I have a green card and had lived in the US for 8 years attending grades 2 though
    >>> 10. Unfortunatly I was not old enough to claim citizenship when I left.
    >>>
    >>> I recently wrote to the US embassy here asking about what I would need to
    >>> re-enter the U.S. (since when I left the US I had no idea about immigration law
    >>> etc...). They wrote back (eventually) and they sent back a standard letter with
    >>> many sections and one ticked which said:
    >>>
    >>> "Because you have remained abroad for more than one year, or beyond the validity
    >>> of your re-entry-permit, you will require a new immigrant visa to reenter the
    >>> United States as a legal permanent resident and to resume your residence there.
    >>> Please refer to the attached form IV1 to determine the category of immigrant visa
    >>> for which you may be eligible and for instructures on how an immigrant visa
    >>> petition can be filed."
    >>>
    >>> Now, since I have no family still in the US, I figure that I will need some form
    >>> of employment based immigration. If I get such an offer and return to the US with
    >>> an immigrant Visa, will my Green Card automatically be "reinstated" or would I
    >>> have to re-do the 5 year process etc...
    >>>
    >>> I understand that LPR status is rarely revoked through immigration courts etc...
    >>> but if I am am legal when I enter the country and then renew my green card (which
    >>> will require its picture re-newing at the end of this year), would I need to do
    >>> anything special in order to prevent them noticing the immigrant visa exipiring?
    >>>
    >>> The part of the quote which made me think of this is the bit that says "resume
    >>> your residence" and also the notion that a Green Card citizen has his residence
    >>> until he relinquishes it or until the goverment proves that I have abandoned my
    >>> residence. If I set up a new home on the new Visa, I would have a residence, and
    >>> I already have a bank account, SSN, etc... from my existing life in the US.
    >>>
    >>> Also, is there any problem in the mean time of entering the US on the visa waiver
    >>> program as a tourist? I have a new foreign passport which has no US markings. (I
    >>> have actually already done it once).
    >>
    >>
    >>See:
    >>
    >>http://travel.state.gov/visa;returning_alien.html
    >>http://www.americanlaw.com/maintlpr.html http://www.vkblaw.com/law/maintain.htm
    >>http://antaoandchuang.com/i-keeping.html
    >>http://foreignborn.com/visas_imm/ent...identalien.htm
    >>
    >>This last one explains what would be required for you to re-enter the U.S. legally
    >>as a permanent resident, under "Returning Resident (SB-1) Visa."
    >>
    >>
    >>
    >>
    >>
    >>
    >

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 

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