Renew my green card? Left the US as a minor..explained below.

I

Ian-the-man

Registered Users (C)
Hello, let me tell you guys everything I know so far so that you don't have to ask so many questions.

Ok here it goes; My father won the DV lottery in 1991, we moved to California around that time. We lived there for almost 7 years I believe until late 1997. My mother gave birth to my sisters also in that time. In 1997 we moved back to Norway, but never giving up our green cards. (Except for my sisters in which didn't have green card because their citizens).

The last few years I've always thought about going back.. every single day, I've wanted to move back. Unfortunately my father told me I didn't have a green card.. well as far as he was concerned. Truth is I did have a green card, in fact I found out a couple of weeks ago.
It expired in 2002, and I never got my chance to renew it.

I didn't know I had a green card, if I did I'd move back while it still was valid. Thing is I was a minor when we left the US, I believe I was around 11 years old. So giving up my residency was never my intent!
I have consulted probably hundreds of attorneys in order to get different opinions.
Seems like I have a very small chance of getting the green card "back".. valid so to speak.

I have two options, either go to the consulate and try to apply for a SB-1 Returning Resident Visa, or go to the US and try to renew my green card there.. (could take up to half a year waiting for a hearing).

What would you guys do in my case?

And No none of my sisters are residing in the US nor are they 18 of age.
I might also add that my father worked for a American company from the time we lived in California until 2006 (in Norway). He has filed tax returns etc.
 
Seems to me as though your greencard would be considered as being abandoned. A re-entry permit for absences over 6 months from the US must be applied for, and it appears that this hasnt happened. You can of course apply for SB-1 but I would assume that it is highly unlikely that this will be approved due the length of absence.
 
Did your parents obtain citizenship? I'd say that is your only hope ... you may already be a US citizen if they became US citizens.

Note that your green card becomes invalid when you spend one year outside the US, unless you have a reentry permit. Maybe you would have had some remote hope of recovering your green card if you filed the SB-1 as soon as you turned 18, as you could argue that your parents took you outside the US as a child and it was never your own intention to abandon US residence ... but the fact that you have spent a few years as an adult without doing so means your green card is now deader than a dead fish inside a sardine can.
 
My parents did not file for citizenship, no. If they did I'd be back in the US already. :eek:
The green card becomes invalid yes, but not necessarily the Lawful Permanent Resident status.
The SB-1 is a long shot, but I'm going to fly over to the United States early next year and go up against them in court. I didn't know I had a green card previous to a few months ago.


If I've abandoned my LPR status; that is the question here. No one knows, and that is why I've decided to deal with this case in the US with my attorney.
 
Would it be for Ian-the-man possible to get visitor visa without problem? Thats only for my curiosity.
 
If you obtain a visitor visa, you automatically forfeit your permanent residency status. All he can do is ask to be paroled into the US for his court date.
 
Of course, I know. Flying in to the United States on a visitor visa will automatically renounce your residency status.

I'm sure as hell not doing that. ;)
 
I have a question for you guys; My father worked for an overseas US Company in Norway while I was a minor. Could his employment help me in any way? Should I also bring his tax returns? Should I bring proof that I went to school here until just recently?

Help :p
 
Well there is a glimer of hope for you then. Since you were not an adult then, the decision to abandon the US was your parents. You did not make that choice. You can attempt to approach the nearest US consulate and request an SB-1 visa on the basis that you never wanted to abandon the US. Worth a shot!

Ian-the-man said:
9-10 years old.. I'm not quite sure but around 9 to 10 years of age.
Click to expand...
 
My plan was to fly over and show my green card at PoE and go through secondary and try to work something out over there. As many have said; at least you're inside the country. It's a lot easier for them to say no at the embassy than inside the US.
 
The problem was even at secondary inspection your not in the country, you have not officially crossed the US border. Until they let you out of the customs hall and into the airport you have not crossed the US border. They can easily just hold you and put you on the next plane back from where you came from. If you show a green card to the CBP officer which expired 6 years ago, then i think right there you will be denied entry because they do not know all of the laws, and based on the 1 year rule and the fact that your green card expired 6 years ago i am sure you will be turned around and sent right back to Norway. SB-1 at the embassy is your best shot for it.
 
Actually they have to let me in just because of the fact I have ever /HAD/ a green card, that's how the law is. Although if I can stay or not is dependable. But I have a right to appeal. And I am entitled to a hearing in front of a Immigration Judge.
 
They do not have to let you in at all. Even if you have a green card they do not have to let you in. If the CBP Officer says no entry your done, no IJ nothing. Right now you have no status in the US, no PR, nothing. You had PR previously but right now that is deemed abandoned hence you do not have any status in the US currently. The only people who have to be let in are US Citizens.
 
Triple Citizen said:
Well there is a glimer of hope for you then. Since you were not an adult then, the decision to abandon the US was your parents. You did not make that choice.
Click to expand...
However, because a few years have already been spent as an adult without attempting to reenter the US, they will say that the decision to spend the last few years outside the US as an adult was the OP's choice.

Claiming that he didn't know he had a green card won't work, because they will logically conclude that somebody with a real desire to get back to the US would have been calling up the US embassy and taking other steps to explore avenues of how to go back, upon turning 18 or 19.

Forget about trying to travel straight to the US with the long-expired card. The airlines won't even let you board with it.

SB-1 is the only hope. I don't think they will grant it, but US Immigration is known for doing strange and unexpected things so maybe it's worth the 0.01% chance if the desire to go back to the US is really that great.
 
Norwegians don't need visas to go to the US. I have an attorney that is specialized in these kinds of things. He told me that they will let me have a hearing as soon as they can prove I've ever had a green card. They do that by checking out my records etc in secondary.
I will probably be held in detention until then and as soon as everything is cleared I will be scheduled for a hearing.
 
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