Out of the country for more than 2 years

[FernandoSilveir]

Hello there, I was granted a permanent resident card in 03-14-2008 (valid till 2018) but I'm not sure wich form it was from, since I was too young at the time my mom and step father applied (it says I-551 in the card). Anyways, in the end of 2009 I came back to brazil because I wasnt being able to get a job and my grandmother was willing to pay college for me here, só I packed my bags and came back to brazil. During my stay here my mom became a U.S. citizen, (also my step sister is a U.S. born citizen) and in 2011 came back to brazil too, because of money problems. Turns out we just cant adjust to the country and we decided to move back...and there is the problem. Since i've overstayed way longer than 2 years outside the U.S. is there anyway to make my green card regular again? Is the SB-1 Returning Resident form the only way? If i can't make it regular again, can my mom request it again for me? If yes, could I wait for it in the U.S. entering the country with a visitors visa?

Well, I hope someone knows the answers to my problems, cause I'm not getting much help online from the consulate here in brazil.

 

[newacct]

You can try to get a returning resident visa. Since you didn't have a Re-entry Permit, it's 1 year after you left that you lost your green card.

If that doesn't work your mom will have to petition for a green card for you from scratch while you're abroad. I think this takes around a year if you're under 21. You cannot enter on a visitor visa intending to adjust status; that would be visa fraud.

If you had stayed in the U.S. you would also probably be a citizen already.

 

[ananga73]

From your statements and in my estimation, you're probably over 21 so no longer a minor. Your permanent residence is dead dead dead and cannot be resurrected. Trying to get a returning resident visa is a waste of time and money.

If you were under 18 when your mother became a citizen, you might have derived automatic citizenship [actually I doubt you qualify because you were NOT living with your mother].

http://www.uscis.gov/portal/site/us...toid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD

Your mother will have to apply for you all over again and it will take more than 5 years because you're not a minor.

Sorry to say it after the fact however next time when making major moves like leaving a country, make sure you have an exit plan because all that glitters in the new country may turn out to be fools gold.

Good luck!

Hello there, I was granted a permanent resident card in 03-14-2008 (valid till 2018) but I'm not sure wich form it was from, since I was too young at the time my mom and step father applied (it says I-551 in the card). Anyways, in the end of 2009 I came back to brazil because I wasnt being able to get a job and my grandmother was willing to pay college for me here, só I packed my bags and came back to brazil. During my stay here my mom became a U.S. citizen, (also my step sister is a U.S. born citizen) and in 2011 came back to brazil too, because of money problems. Turns out we just cant adjust to the country and we decided to move back...and there is the problem. Since i've overstayed way longer than 2 years outside the U.S. is there anyway to make my green card regular again? Is the SB-1 Returning Resident form the only way? If i can't make it regular again, can my mom request it again for me? If yes, could I wait for it in the U.S. entering the country with a visitors visa?

Well, I hope someone knows the answers to my problems, cause I'm not getting much help online from the consulate here in brazil.