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
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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?