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Two Green Cards/SB-1

TB93070

TB93070

New Member
I received a green card in 2013 and travelled over for 3 weeks to open bank accounts, get a license, look for housing, a car etc before coming home to tie up loose ends and save a last little bit of money for a few months before making the big leap. I lost my job upon returning home as I had been 'gone too long' (even though it had been pre-approved but what can you do..) and was not able to find a job for around 3 months and had to push back returning to the US but felt it was still possible.

The only job I could find was part time so money came in a lot slower, and 9 months after I returned to Australia from the US, I went to the UK for a family wedding. My intended stay in England was 3 weeks and I tried to add on another 2 weeks as I had more family coming over and wanted to spend time with them there. Asked my boss, and got fired again. (Believe me, I've learnt my damn lesson now - don't go on holidays! You'll get fired!) My family ended up letting me stay in the UK for just under 3 months so I could see the country and meet extended family as I had no job back home.

I returned to Australia around the 12 month mark after leaving the US and still didn't have the money to move to the US. I have been supporting myself for work now and have been running my own freelance business which is bringing in more money than my previous jobs and also gives me the opportunity to do this work when I, hopefully, can go back to the US.

Two questions --
1. I entered the lottery again last year in case I don't quality for an SB-1 (when I am financially able to apply) - I thought another DV lottery might be an option. Even though I have a green card (that is likely invalid now) - can I qualify for a new one? If so, do I cancel my old one or just apply again if I am selected?
2. If I don't win the lottery, and apply for the SB-1 visa, what is the likelihood of that being successful considering my time away and that I travelled to the UK etc?

Will the fact that I have started a business help or hinder my chances? (Please note it does not have a storefront, it is a freelance service rather than selling stock in retail etc so no leases were signed etc) I don't want officers to think I have tried to tie myself to Australia, I did it in the hope I could take that work with me to the US. Will the fact that I travelled to the UK hinder me? It was largely funded by family as I was in the bridal party and I intended to return quickly..?

I am so grateful that I got my first green card and I regret the choices I have made. My wish is to go back to the US and I will do anything I can to get there. Please do not think I'm not grateful for the luck I have received previously.

Good luck to everyone who has entered last year, I wish you all the best.

Thank you for any help regarding my questions!


(Bold for TL;DR ;))
 
Hmmmm
Ok, so ... There are a couple of issues here.
I'm no expert, but from what I have seen you will not have much of a chance of getting an SB1 visa.
I don't think the business or travel to the UK make any difference either way...
Now, you've abandoned residency but that technically shouldn't affect you getting another green card through the lottery, marriage, whatever. However - it doesn't sound like you formally gave up your prior green card. It will be deemed to have been abandoned by USCIS but, if I understand correctly, this doesn't absolve you of having to file with the IRS until you formally give it up. So there is one sticky issue that may be raised if you apply for another. I'm assuming you didn't file tax returns with the IRS? (And if not this will also be a factor preventing an SB1 being granted.)

In general, this question goes way beyond the issues around DV though and there are probably better parts of the forum to ask (I don't know which though as don't look at others usually).
 
Thank you for your reply!

No I did not file a tax return as I was only there three weeks and didn't find any employment in that time - have I done the wrong thing there?
 
Being a resident for immigration purposes is not necessarily the same as being a resident for tax purposes.
To abandon your lawful permanent resident status (for immigration purposes) please see http://london.usembassy.gov/dhs/uscis/abandon.html.
For IRS purposes, things may be much more complicated and costly due to expatriation tax, which I believe (I am not an expert by any means) applies to people renouncing citizenship, abandoning residence and may even apply to people who return after a long (how long?) H1b presence.
Please look into this expatriation tax, do your due diligence as IRS can make life very complicated if you do not follow their rules.
 
TB93070 said:
Thank you for your reply!

No I did not file a tax return as I was only there three weeks and didn't find any employment in that time - have I done the wrong thing there?
Click to expand...

You are supposed to file a tax return when you have a green card, even if all your income is earned outside the U.S. and even if you don't owe the IRS any tax (most people would not have to under existing exemptions).
 
There won't be an expatriation tax for someone who clearly doesn't have a buttload of money. So, if you didn't earn over 10k, no need to file taxes. If you did, then you ought to file, but with foreign income exclusion, you will not owe anything. No worries there. Give the SB1 a shot anyway.
 
Why don't you just TRY and go to the US on current green card and explain yourself? Sorry absolutely not an expert and awaiting a serious reprimand by mods in case I am wrong.
 
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