BaldEaglesRule said:
Hello,
I am a PR and I left the US two years ago because my then wife (ex-wife now) took our kids and left the country and I run after them to find them. I finally found the kids (BTW the kids are US citizens-born in the US) and during the last two years I have been going through hell to divorce, and get custody of kids etc. Long story but not relevant to this forum!
All that is finally over and I want to return to the US. I understand that there is a problem with PR for people who leave the country but is there anything I can do to get back into the country legally and resume my life there as a PR given the circumstances of my departure or do I have to reapply for a GC?
Thanks
Humanitarian parole seems almost impossible for your situation as it doesn't fall in one of the category and firstof it is not an 'emergency condition' .Pl.check DOS site.
One Example may be:
http://immigration.about.com/od/asylumrefugees/g/humpar.htm.
You may only try if at all still eligible--Returning resident visa.
It depends on the strength of your case.Questions like--
1)Do you have/own property in US and continue till today.
(paying local taxes)?
2)Did you file resident tax returns regularily till now?
3)Do you have current DL
4)Do you have current bank a/c
5)Did your childeren have on school rolls
6)Do you have an US employent continuation(offer)
7)Are you paying utilty bills
8)Any substantiating law enforcement/court docs./govt. docs
about your children situation/wife and your rights (if applicable)etc necessitating your 'unplanned' travel.
As many 'yes' you have for the above, you have that strong case for SB1 visa.
Negative points:
1)No to above any of above points
2)Have employment in foreign country
3)paying taxes in foreign country and not filing taxes in US.
4)Obtained a PR of other country.
5)have all close/immediate family members(none in US)in that foreign country.
The above 2,3,4,5 are drastic negative points.in addition to 1)
Hence check the above and make a balance sheet and if it is plus you may have a chance for SB1 visa .You can contact an immigartion lawer
and try SB1 if you opt.And SB1 visa fees is hefty.
Just for your study of conditions--
:
http://foia.state.gov/masterdocs/09FAM/0942022N.PDF.
http://library.findlaw.com/1995/Jun/1/131396.html--
'Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--
That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.
Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.
If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, 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 immigrated originally, if that is possible. '
Good luck.
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Not a legal advise.
