Have been out of states for 30 months Need Help

[mika84]

Please help.
Briefly about the case:
I'm currently US permanent residence card holder (since 05/11/2006).
I've been out of the USA since August 2009.
I'm married to the US citizen.
Have got bachelor's degree from US university
got open credit line for my bachelor'
were paid Taxes by my wife
That is my ties with the USA

 

[nwctzn]

Are you sure you can apply for SB-1 if you had no re-entry permit?

The below info is from the Department of State website:

A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the U.S. for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the U.S. and resume permanent residence.

http://travel.state.gov/visa/immigrants/info/info_1333.html

You are saying you are married to a US citizen. If your spouse is in the US right now and in case your LPR status is considered as abandoned because of your long absence and you did not have a re-entry permit, I assume he can petition for you for a new green card. Since when have you been married?

 

[mika84]

Are you sure you can apply for SB-1 if you had no re-entry permit?

Yes.Absolutely sure. Basically we are talking about the same thing. Info from official govpage
"If you are an LPR unable to return to the U.S. within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa."

And yes, i can file for a new Green card,but i guess it will be longer and much more expensive.

 

[nwctzn]

Yes.Absolutely sure. Basically we are talking about the same thing. Info from official govpage
"If you are an LPR unable to return to the U.S. within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa."

And yes, i can file for a new Green card,but i guess it will be longer and much more expensive.

We are "almost" talking about the same thing. You did not have a re-entry permit, so you do not qualify under the second choice. The first choice says you could not return within one year. You are trying to return in 2.5 years, so you have overstayed the first choice by 1.5 years. So I think they will give you a hard time on that. Furthermore, you stated that you went both to school and also worked while you were overseas. Taking a job outside the US while being an LPR may be considered as abandoning your LPR status. Also, they will question why you did not apply for a re-entry permit. You had in fact a pretty valid reason since you went back to school and you could have applied. Also, your stay of 30 months was not beyond your control. You might have a pretty tough case in convincing them for an SB-1.

Here is what it says on the DoS website:

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

- Had the status of a lawful permanent resident at the time of departure from the U.S.;
- Departed from the U.S. with the intention of returning and have not abandoned this intention; and
- Are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible.

So at the very beginning when you left the US it was clear that you went back to school and most likely you knew that your courses will last for more than a year, but you did not apply for a re-entry permit, is that correct?

 

[mika84]

Honestly, i didn't do any research on the topic of getting reentry permit. I thought that i would be gone just for a year, but it worked out another way and i stayed for 2,5.

That is an official letter i got from consulate:
Permanent resident aliens who are unable to return to the United States
within the travel validity period of their "Green 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.

1. To start the process you have to submit form DS-117
with your green card and supporting documents showing that you lost the status
under circumstances out of your control. You can send them by mail or
leave on the 212g box, at North Gate at Malyy Konyushkovskiy Pereulok.
Note! All items in the form DS-117 should be filled in.

2. After consular officer reviews the documents, you will be invited for
an interview. At the moment of the interview you will have to pay $400.
If Consular Officer approves the DS-117 application, you will be
invited for an immigrant visa interview. The date will be set up after
the 1st returning resident interview with a Consular Officer.

So, the question is what are the good reasons that i stayed away for that long was beyond my control?
Thank you

 

[nwctzn]

Well, I might sound like a broken record on this and many other immigration forums, but the main rule is: Never lie to immigration!

The truth will eventually leak out and you will have a lot of trouble and headaches later on. You cannot just make up reasons for your extended stay. On top of that, if you also worked while you were out of the US, this potentially already broke your LPR status. Saying there was/is a recession in the US will not be convincing. From the info you disclosed, I do not see anything that was beyond your control.

Disclose everything truthfully.

 

[mika84]

I'm not breaking the rule.
Honestly i've got two reason why i have stayed for that long. First that education system in my home country requires to work for 2 years within homeland after getting a degree,otherwise you'll be fined.
+ plus the other one. Being in states out of work, i couldn't afford medical insurance, although i did have not serious, but very close to serious disease. I had thyroid lymph nodes, which i've successfully cured being out of states. I was diagnosed in 2007.
Could those be the reasons?

 

[nwctzn]

- You state the "need to work for two years" requirement as a justification, but it also means that you knew beforehand that you left for more than a year and you did not apply for a re-entry permit. So it is two-sided and they will ask why you did not file for a re-entry permit.

- Did you report your income that you got there on your tax returns? As a permanent resident, you need to report all income, even income outside of the US.

- Health reasons are beyond your control, so you can mention that and they may accept that.

 

[Jackolantern]

Honestly i've got two reason why i have stayed for that long. First that education system in my home country requires to work for 2 years within homeland after getting a degree,otherwise you'll be fined.

But you knew that fact when you started the course of study, so that's not an unexpected circumstance. You also could have taken a short trip back to the US long ago, despite the need to work for 2 years as a condition of the degree.

+ plus the other one. Being in states out of work, i couldn't afford medical insurance, although i did have not serious, but very close to serious disease. I had thyroid lymph nodes, which i've successfully cured being out of states. I was diagnosed in 2007.

When did your treatment end? You've been outside the US for 1.5 years beyond the allowable 1 year without a reentry permit. If your treatment ended several months ago they're going to ask why you didn't contact the consulate soon after your treatment ended. But whatever happened, bring doctor's letters, hospital bills etc. to prove what you went through.

Is your spouse in the US military or been working abroad as an employee the US government, and were you living with your spouse when abroad? If yes, you wouldn't need a reentry permit or SB-1 visa to return to the US, you just need the military or government papers. If not, apply for the SB-1 anyway and see what happens. They might give it to you anyway (after harassing you about it) since you can get a new green card anyway in the next 6-12 months if they don't approve you, and they might not want to create more work for themselves and USCIS by forcing you to do that.

 

[mika84]

Do i Have to translate all the documents into English?
And one more thing, I heard that if one isn't registered for Selective Service, he might have certain problems. I didn't know about those requirements for Selective Service (army) registration, so i didn't register there. But i did i apply for financial aid while i was studying in the US and i was granted. I heard that all the applicants for Finaid are automatically are got registered for it, is it true? What kind of problems i might have while getting my reentry visa?
Thanks

 

[nwctzn]

Do i Have to translate all the documents into English?

Would check that with the embassy/consulate. They might be OK with the native language. If not, then you need to have the translations.

And one more thing, I heard that if one isn't registered for Selective Service, he might have certain problems. I didn't know about those requirements for Selective Service (army) registration, so i didn't register there. But i did i apply for financial aid while i was studying in the US and i was granted. I heard that all the applicants for Finaid are automatically are got registered for it, is it true? What kind of problems i might have while getting my reentry visa?

Did not hear that it can be a problem for your re-entry visa, but it certainly can become a problem later when you want to become a US citizen. They are asking on the N-400 form if you registered or not.
You can check on the Selective Services website if you are registered or not. All you need to enter is your last name, SSN, and date of birth. Here is the link:

https://www.sss.gov/RegVer/wfVerification.aspx

 

[Jackolantern]

Do i Have to translate all the documents into English?

Yes, non-English language documents must have certified English translations, and you have to provide both the non-English and English versions.

And one more thing, I heard that if one isn't registered for Selective Service, he might have certain problems. I didn't know about those requirements for Selective Service (army) registration, so i didn't register there. But i did i apply for financial aid while i was studying in the US and i was granted. I heard that all the applicants for Finaid are automatically are got registered for it, is it true? What kind of problems i might have while getting my reentry visa?
Thanks

If you got the green card when you were between 18 - 26, they probably automatically registered you for Selective Service as part of the green card process. If the link provided above doesn't show that you were registered, call the Selective Service and they can do some additional searching for your records. Their web site doesn't have access to all records.

 

[mika84]

Thanks for your help!
Could you tell me will it take a lot time to get me back to the USA through applying SB-1?

 

[olyn]

returning GC

I was following discussion on the subject of overstaying out of US while one is an LPR.
I have a similar question, Iam an LPR . got married to us citizen in my country(after I got the GC).
we are planning a wedding soon in the us. I then intend to apply for re-entry permit to go back to my country and continue with my studies, which might last for more than two years.
I was thinking of returning the GC voluntarily than risk the danger of it being taken away from me.
when Iam now ready to settle in us, can my us partner petition for me?
follwing the fact that I abadon/return the permanent status will I be granted LPR again?

 

[Jackolantern]

Thanks for your help!
Could you tell me will it take a lot time to get me back to the USA through applying SB-1?

The whole SB-1 process takes about 3-6 weeks.

 

[Jackolantern]

I was following discussion on the subject of overstaying out of US while one is an LPR.
I have a similar question, Iam an LPR . got married to us citizen in my country(after I got the GC).
we are planning a wedding soon in the us. I then intend to apply for re-entry permit to go back to my country and continue with my studies, which might last for more than two years.

Does your spouse work outside the for a US corporation or government agency, or international organization (e.g. UN, NATO, IMF)? If yes, you might be able to qualify for expedited citizenship under Section 319(b).

I was thinking of returning the GC voluntarily than risk the danger of it being taken away from me.
when Iam now ready to settle in us, can my us partner petition for me?
follwing the fact that I abadon/return the permanent status will I be granted LPR again?

Yes, your spouse can petition you for a new green card, but having had the green card in the past won't grant you any special privileges or faster processing. You'll have to wait out the entire 6-12 months process just like somebody who is applying for their first-ever marriage-based green card. It's better to try to hold on to the card as long as you can with reentry permits.

If they take away the card because you've been spending too much time outside the US, your spouse can repetition for you, and the fact that they took away the card for abandonment won't stop you from being able to get a new card via your spouse (however, taking away the card could prevent you from getting a tourist or student visa in the future, so if you want to visit the US after your card is cancelled it's better to surrender it voluntarily).

 

[olyn]

No my spouse dosen't work for either company.
But I think the option of holding on to the GC is better. I will be applying and re-applying for re-entry permit untill I finish up with my education and free to settle.
If the finally take it away for frequent absence from US, then my spouse can petition for me, when we are ready. Time factor in terms of the processing is no big deal. My only worry was that they might deny me even if my spouse petition for me. The whole process of school, selling of some of our properties abroad might take between four-five years. so will just try re-entry permit and six months visit.
We normally travel togather. while in US, we are togather, when we leave we go togather.
Thanks so much for your option.

 

[Jackolantern]

No my spouse dosen't work for either company.
But I think the option of holding on to the GC is better. I will be applying and re-applying for re-entry permit untill I finish up with my education and free to settle.

How long until you expect to return to the US for good? The first reentry permit will be for 2 years, the next one another 2 years, but the third one will be limited to one year or denied if you haven't spent enough time in the US.

 

[mika84]

SB-1 Denied need help

My case was denied on the grounds that i didn't have enough compelling reasons for me to stay outside US for a such long time, as i was physically able to bord a plane and come to the us. I stated previously i'd really like to come to the US, and as i'm still married. i can reapply for a new green card the same way as i got first one. Could someone plz describe the process of applying for a new Green card,as my wife in the US and i'm still in my home country?
Thank you in advance