Complicated Situation - Green Card Holder

[Mehranhc]

Hi.

My situation is a complicated one but I will try and make it as short as possible.

My family including myself got our green cards in 2000, which coincidently was the same year I went to college. I lived in the United states for 4 years, during which time I went to college in upstate New York. After getting my degree, I came back to my country of birth (Bangladesh) for personal reasons, the top priority of which was to take care of my father who had severe health complications related to his lungs. After leaving the US in 2004, I went back once in 2005, and have not returned since then. My father recently passed away (03.03.2010), and since now the top priority as mentioned before does not exist, I would like to renew my green card, which will expire in September of this year.

I have a few questions in this regard –

1. Can I renew my green card given that I have not been in the US for 4 years?
2. If and once renewed, I plan to live 6 months in the US and 6 months in Bangladesh. I am a portfolio manager working in Bangladesh and my purpose of living in the US would be to run the American branch office. Will this be ok?
3. And lastly, I got married since I last have been to the US. I would like my wife and daughter to come with me from time to time for holiday and/or shopping, as tourists only of course. Is it possible for them to get visas as tourists? Or is that not a possibility?

Thank you

Mehran H. Chowdhury

 

[Jackolantern]

So sorry for your loss.

To answer your questions:

1. Your green card cannot be used or renewed at this point. Normally your green card is canceled if you leave the US for more than 12 consecutive months without a reentry permit. For those who unexpectedly end up having to stay outside the US for over a year, they can try for a Returning Resident Visa (SB-1) at a consulate, but it's way too late for that now. You might have had a chance if you applied for it in 2006 or 2007, but it's way too late for that now.

2. Again, your green card is useless. If you want to do something like that, surrender your green card officially at a consulate using the I-407 process, and have your company file an L-1 visa for you so you can transfer to the US. Your family would be able to get L-2 visas to accompany you.

3. If you surrender your green card via I-407, it should be easy for you and your family to obtain tourist visas. Surrendering the GC is a strong indicator of not having immigrant intent. Either you all should apply for the visas in the same visit when you surrender your GC, or in a later visit your wife should bring details of you already surrendering it when she applies for the visa.