Discodancer

I lived in the usa for 4 years but had to return to the uk due to close family health issues, since being in the uk we have been unable to settle my husband wants to relocate to the usa as do my 2 teenage daughters. I am an RN with NCLEX CFGNS still licenced to work in the usa I have spoken to an immigration attorney regarding our green cards with a view to recapture as we still have links with the usa. My question is where is the better place to live the uk or usa with my family?

penguinsix

There really isn't a best answer to your question where is the best place to live with a family. There are simply far too many variables that will differ for each person such that a "best" statement is going to be heavily qualified against a whole slew of individual items.

However, let me ask a few questions about the first part of your query. What sort of ties do you still keep with the USA? Do you still own a home? Are you still filing taxes in the USA? Some of the answers to this question might have more bearing on your situation as your Green Card situation may be decided for you by the US immigration service before the answer to your more general question can even be asked.

Did your lawyer think you had a case to retain your cards?

civilservant

How long have you been back in the UK?

Jerseygirl

The OP opened a similar thread 2 years ago...left the US in 2008, no house, no US tax returns filed.

http://britishexpats.com/forum/showthread.php?t=714288

civilservant

That being the case, how did this attorney suggest you might have retained your ties to the US?

Discodancer

Ive been out of the usa since 2008, the nursing agency that I originally went out to the usa with are helping me with immigration the attorney indicated that I can file back taxes and the process may take 1 to 2 years however with the changes to the immigration bill it may all change.

civilservant

Based on that, it could 6-7 years since you lived in the US.

I still don't see where the links are. In my opinion you've almost done everything possible to show you have abandoned the US as your Permanent Residence.

Ultimately it will be down to the Officer at PoE, if they determine that you may have abandoned them then you will be paroled into the US until a hearing in front of an Immigration Judge who would make the final determination.

penguinsix

The assumption on the part of the immigration officer at the border will likely be that you have abandoned your Green Card, though you would likely have the right to a hearing to determine whether that is the case. The decision will come down to a "totality" of circumstances, of which filing taxes is only one small point. The test includes, but is not limited to:

Whether U.S. taxes continue to be filed, and were filed as a resident or as a nonresident;

Whether a domicile and/or personal effects are kept in the U.S.;

Whether funds have been kept in the U.S.;

Whether family members remain in the U.S.;

Whether the period abroad was for education, an employment assignment, a U.S. military assignment, or otherwise in the service of the U.S. government;

Whether the individual remained abroad longer than expected due to illness, death in the family, etc.

You'll have to judge how likely you are to meet some of those requirements and whether it is worth the effort.

I have not seen anything in the immigration bill that would significantly alter the process of a green card abandonment though maybe others might have some more information.

md95065

Since you have lived in both the UK and the US I have to assume that you are probably in a much better position to answer that question than anyone else ...