have I LOST my GC????

V

vikki_us

New Member
I didn't apply for 'Re-Entry' permit before leaving :(....

and now the situation is;

I'm a female, got GC based on my Husband's GC (he was H1B, and I was H4 earlier)....

NOW, I'm in India at present, have been here for more than an year.... separated, hence my Husband (who's still in USA) won't help me....

Can I come back to USA? how???? my children are American Citizens, staying with me at present....

Before I forget, I have NO case against my husband (it's the otherway actually)....
 
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There is a serious risk that you may, but I dont think you necessarily will, as long as you have not stayed out of US for 2 yrs or more. Read the following link - http://www.immihelp.com/gc/reentry.html. Also you may do well to consult a lawyer if you have to. As long as there is genuine cause and the inspecting immigrations officer at the port of entry is convinced, they could still let you in at their discretion.
HTH
 
Your post is contradictory. Either you have the GC or you don't. If you have it and been away for a year you won't have a problem. Consult a lawyer.
 
vikki_us said:
I didn't apply for 'Re-Entry' permit before leaving :(....

and now the situation is;

I'm a female, got GC based on my Husband's GC (he was H1B, and I was H4 earlier)....

NOW, I'm in India at present, have been here for more than an year.... separated, hence my Husband (who's still in USA) won't help me....

Can I come back to USA? how???? my children are American Citizens, staying with me at present....

Before I forget, I have NO case against my husband (it's the otherway actually)....
Click to expand...


I see your problem now….
You don’t have a Re-entry permit. You should have applied for it BEFORE leavening states, even if you were leaving in a hurry before the decision/document was made, you had to be present in US when mailing it.
Looks like you didn’t pan to return then and now your plans changed.
You won’t be allowed back in US without re-entry permit. Your LPR status will be considered abandoned and your GC will be revoked.
Your children’s citizenship won’t help you. Seek professional/legal help.
 
Thanks Jane - at last someone understood my problem :)....

now that Jane has understood my problem, and with that other people too....
and before I go and ask for Professional help....

can someone direct me to a case where a person stayed away from USA for more than an year (without Re-Entry Permit), and then he/she was able to re-instate his/her GC.... or went to USA on another visa (except work permit)....

little more information; 3 years back, I had a case of Petty Theft against me, which was dropped after I completed a 'moral' study.... is that going to affect my any new visa application????
 
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