Lost GC in India - What are the options.

Reshma12

Registered Users (C)
Hi -
I got the GC from the marriage in 2002 then came to live with my husband in NJ-USA and lived in NJ for over a Year.

Unfortunately now we are not in good terms and living apart, I am living in India for last 2 years and he is in NJ-USA.

I lost my Indian Passport and Green Card after I went to India more than 2 years ago, I did not know about the re-entry permit so it was not applied. I have a suspician that my PP and GC are with my husband but he says it is not with him.

Question:
1) What is the procedure for me to get the Green Card and come back to USA.
2) Can I (GreenCard holder wife) file for Divorce in NJ-USA from India?

Your help is much appreciated.
 
Having been out of the US for two years without re-enry permit indicates that you might have abandoned your green card. The passport must have accompanied you to India and is probably in India unless your husband also came to India at some point and took it with him back to US. May need to file police report, get new passport, and possibly try for returning resident visa or a transportration letter from the consulate, but the chances might be low due to staying out of the US for so long. Did you visit the US in these two years at all?
 
Raj1994, thanks for your response.

My husband did come to India with me more than 2 years ago and he returned to US after a short stay in India. I have not visited US since then, I was in India as my father was ill and due to the differences in our relationship.
 
Reshma12 said:
Raj1994, thanks for your response.

My husband did come to India with me more than 2 years ago and he returned to US after a short stay in India. I have not visited US since then, I was in India as my father was ill and due to the differences in our relationship.

reshma basically as far as i know case is shut unless you want to spend a whole bunch of money and hire a lawyer.Yet,once you divorce a person from whom u got a gc,it is a bit tough.
that is the sole reason they give conditional greencards,to track the ppl.
 
I have not divorced him yet, I want to come back to US, what are the options I have like on visitor visa, etc.

Also can I hire an attorney in US while being in India who can represent my case to INS/immigration authority?

Your opinion is highly appreciated.
 
Reshma12 said:
I have not divorced him yet, I want to come back to US, what are the options I have like on visitor visa, etc.

Also can I hire an attorney in US while being in India who can represent my case to INS/immigration authority?

Your opinion is highly appreciated.
i have no clue if u can hire a lawyer here while in india,just make sure u hire a guy u can trust (rajeev/ron/or shusterman,dont know much about shusterman but i heard they are they are the best)...
apart from tht what i know is once u abandon ur residency,it is too tough to get a studentvisa/visitors visa.....

sorry
 
What is the reason you wish to come to the US now? Sheela Murthy has an office in Chennai, but I have no personal experience with either their US or Chennai office.
 
Sorry for the delay in writing, I was away on visit to my relatives.

The reason I want to come back now is I was waiting for recovery of my father but unfortunately few months ago he passed away.

My husband had told me that he got his GC thro' employment and since we got married before his final stage was approved I was able to get mine, would that mean my green card is dependent on his? He is also still on Green Card.

Also now I am doing a computer course, I have done B.Sc. (Bachelor of Science) in elecronics from India, I never worked before,
1) what are my chances of H1B or any other type of visa to come to US?
2) should I disclose that I had Green Card and do not currently have it?

Thanks for your kind help.
 
Reshma12 said:
Sorry for the delay in writing, I was away on visit to my relatives.
---- you lost GC and passport. did you file Police report?

The reason I want to come back now is I was waiting for recovery of my father but unfortunately few months ago he passed away.

--sorry to know. if you can prove with documentation that you stuck because of your father health problem( reasons beyond your control)may be you can get SB1 visa from US consulate in India.
My husband had told me that he got his GC thro' employment and since we got married before his final stage was approved I was able to get mine, would that mean my green card is dependent on his? He is also still on Green Card.
--------- after you got GC your GC is not dependent . do you have copy of GC? remember your A#?
Also now I am doing a computer course, I have done B.Sc. (Bachelor of Science) in elecronics from India, I never worked before,
1) what are my chances of H1B or any other type of visa to come to US?
----------- you can get H1 if any US employer file for you but first try SB1 visa
2) should I disclose that I had Green Card and do not currently have it?
-------------YES
Thanks for your kind help.
get in touch with a lawyer in US or in India and provide your full details may be they can help you to get SB visa.
In India you can get in touch with them:
Lawyer in Bombay:poorvi Chothani is the correspondent attorney in Mumbai, India for Cyrus D. Mehta and Associates, P.L.L.C. She has graduated with an LL.M. degree from the University of Pennsylvania Law School, and is admitted to practice law in to the State of New York. She may be contacted in Mumbai at (22)-2218-1372 or 98209 39666.

Chennai: Murthy law office, Phone 91.44.2499 6663
eMail : info@murthyindia.com

read links for SB1 visa:
http://www.immihelp.com/greencard/returning-resident-visa.html
http://www.foreignborn.com/visas_imm/entering_us/12returning-residentalien.htm
http://foia.state.gov/masterdocs/09FAM/0942022PN.PDF


Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Card (less than a year), or the Reentry Permit, may apply for a special immigrant Returning Resident (SB-1) visa. To qualify as returning resident, you must show:


that you were a lawful permanent resident when you departed the United States,

that when you departed you intended to return to the USA and have maintained this intent,

that you are returning from a temporary visit abroad and if the stay was protracted, it was caused by reasons beyond your control and for which you were not responsible,

and that you are eligible for the immigrant visa in all other respects.&

If you have lost your permanent resident status, and you wish to apply for a Returning Resident visa, you must submit evidence to support the above requirements along with the “Application to determine returning resident status” (form DS-117) and pay a fee of $400 or the equivalent in euros. If the application for returning resident status is approved by the consular officer, the immigrant visa unit will send you information regarding the process of the returning resident (SB-1) visa.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, a nonimmigrant visa may or may not be possible to obtain, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he/she originally immigrated, if that is possible.
 
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