lapsed time

T

Trixie Blue

New Member
Hello,
I think my chances are slim, but I am an Australian citizen who had a US green card for approximately 6yrs. I returned to Australia, to complete my studies and would now like to return to the US (eight years later).
I returned in order to complete my studies as it was prohibitively expensive at the time in the US.
Is there any way I can find out if I am able to return? I would very much like to get my US citizenship, and with my qualifications I think I would be able to find work.
Thanks for your help.:confused:
 
And adding to my comments above, I plan on returning to further education also, which I would now have the undergrad qualifications to complete.
 
In Australia, if you have Australian Permanent Residency but you're absent from Australia for more than 5 years your residency is forfeit and you must apply from scratch. The US is much more restrictive than Australia - you start being questioned after 6 months absence, and your Permanent Residence is considered abandoned if you were absent for a year or more. If you applied for reentry permit before leaving that would have preserved your green card for 2 years.

If you left 6 years ago, never came back and never applied for reentry permits your green card is toast. You can try applying for returning resident visa (SB-1) at a US embassy/consulate but chances of getting it granted are slim to none.
 
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What age were you when you left the US? If you were under 18 the entire time when you were outside the US for those 8 years, you could make the case that it was not your intention to stay outside the US, it was your parent's intention. Green cards for children who stayed outside the US have been preserved on that basis.

If any of your parents obtained US citizenship when you were still living in the US, and you were under 18 and living with them at the time, you may have derived citizenship from them and would be eligible for a US passport.

Otherwise, if neither of the two above scenarios apply to you, your green card is deader than a dead skunk.
 
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