GC holder, out of the US for almost 1yr

V

vspsdca

New Member
Hello,
Im in a bit of a dilemna here. I have been a GC holder for a few years, since 2007 I have been in and out of the country to visit my husband based in UK. First time i was out for 6mos, then 8mos. The last time I went back i was given a hard time by the immigration officer at minneapolis.. i was grilled for short. I told them the reason why i have been away. My husband actually had a massive heart attack back in 2004, and since his whole family is in the UK he wanted to stay there until we figure out how we can work our situation out. Anyway like i said the last i was in the US was back in March 13 2008. The immigration officer told me to apply for a re-entry permit. So i did file for one but I have to fly back to the UK 2wks therefore i wasnt able to wait for the biometric sched. It was a good thing I went back after 2wks because my just suffered a mild attack. I was gonna come back sometime in sept 2007 to complete the applciation but my husband had another attack (i have all the medical records to prove it), so I have to stay again.

Now my questions are:

1. Will they still allow me to enter the US.
2. If one loses the right to be a PR, is there a way I can apply to get that back.
3. I have a 23yr daughter who I have given a power of attorney to act on my behalf with regards to my 16yr old son. Both kids hold GC. If my GC get revoked would that affect my minor child.
4. Is there anything you can advice me to avoid getting my GC revoked.

Many thanks.
 
1. Not if you've been out for a year or more. After a year without a reentry permit, loss of your PR status is almost automatic unless you get a Returning Resident Visa (SB-1).

2. A person or company would have to sponsor you, unless you can meet the criteria for self-sponsorship (extraordinary ability, investor green card, etc.). Basically it would be like any other person who wants a green card; you don't get any special privileges because you previously had one. If your 23 year old daughter becomes a citizen and has enough income, she can sponsor you.

3. Your GC revocation does not mean your son's will be revoked. If your son has not been taking long trips outside the US, he should be OK as far as keeping his GC is concerned.

4. Return to the US ASAP.
 
Thanks Jackolantern...

So what is the likelihood that I would be grilled again? Is there a possibility they would refuse me entry?
 
As I was told, they have to let u in if u spent less than 12 months outside. only a judge can revoke your GC. always be ready to show, leases, taxes, bank statement, bla bla...
 
Hi GC and thanks for the info...

I am freaking out because of the past experience I had at Minneapolis.

JACKOLANTERN - as far as the SB-1 application is concerned. What is actually the requirement and what makes one eligible to apply for one.
 
So far, I have never seen on the forum a member with SB-1 visa. But, as far as I remember, 2 yearsd ago, my lawyer strongly advised me, to do whatever it takes to avoid applying for SB-1. If it is denied, you will never be able to come back in United States.
 
vspsdca said:
JACKOLANTERN - as far as the SB-1 application is concerned. What is actually the requirement and what makes one eligible to apply for one.
Click to expand...
If you have been outside the US for at least a year and the trip was not originally intended to be that long but got stretched out due to circumstances beyond your control, you can get an SB-1 if you can convince the US embassy of your story. But this should be used as a last resort, because there is no guarantee they will approve it.
 
Talking to immigration lawyer in this case will be highly appropriate.
Originally the problem would not have arised if re-entry permit was applied which allows 2 years of absense. Since it was not done due to lack of knowledge and guidance, it is high time that mistake is not repeated and proper legal guidance is sought this time.
 
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