I have been in the UK for about a year and six months now, on what was initially intended to be a six month trip. Got stuck here due to covid stuff, return flight cancellation, etc... It took me until just a month ago to get an interview for a returning resident visa, which was promptly denied. I didn't feel that I had an adequate chance to present my case and show my corresponding paperwork. So, can I apply again, or is that it? Should I seek legal representation at this point? Should I simply attempt to return to the US? I have been a green card holder, living in the US for over 15 years, and I remain married to a US citizen. What should I do? Please help!!!
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Returning Resident Visa Denied, what to do next?
- Thread starter Benditch
- Start date
If you still have the green card and it is still unexpired, yes, you could simply attempt to return to the US. The immigration officer at entry could decide to let you in with a warning if they determine that you have not abandoned residence, or could decide to not let you in. In the latter case, they could pressure you to sign I-407 to voluntarily give up your green card. Whatever you do, do not sign that. It is voluntary, and if you sign it you pretty much give up the fight. If you refuse, the only thing they can do is put you into removal proceedings in immigration court for the immigration judge to determine whether you abandoned residence or not. Removal (deportation) might sound scary, but you should think of it as basically an "appeal" of the immigration officer's decision.
Or, you could just have your US citizen spouse petition you to immigrate again from scratch.
Or, you could just have your US citizen spouse petition you to immigrate again from scratch.
If you still have the green card and it is still unexpired, yes, you could simply attempt to return to the US. The immigration officer at entry could decide to let you in with a warning if they determine that you have not abandoned residence, or could decide to not let you in. In the latter case, they could pressure you to sign I-407 to voluntarily give up your green card. Whatever you do, do not sign that. It is voluntary, and if you sign it you pretty much give up the fight. If you refuse, the only thing they can do is put you into removal proceedings in immigration court for the immigration judge to determine whether you abandoned residence or not. Removal (deportation) might sound scary, but you should think of it as basically an "appeal" of the immigration officer's decision.
Or, you could just have your US citizen spouse petition you to immigrate again from scratch.
Thanks for the reply. This is what I thought the case was basically, but;
1) Say that I took the risk, and then did end up getting deported, could I still have my spouse petition, or would it be game over at that point?
2) Still not sure if I can try again for the Returning Resident Visa, or if it's a one shot only kinda thing
3) Would the fact that I tried to apply for the returning resident visa be something that the immigration officer would be aware of/affect his decision
1. If you are given Voluntary Departure by the immigration judge, and you leave accordingly, you have no ban and you should be fine to get an immigrant visa. If you are deported without Voluntary Departure, then you have a 5-year ban and you would need to file I-212 when you apply to immigrate.
3. not sure
3. not sure
Whatever you see below is my personal view and not a legal opinion:
For cases where there is a long absence (1+ year without re entry permit) but green card is valid, the best way is to just show up at the airport like @newacct said. One does not automatically lose residency not or is a GC invalidated purely because of long stay abroad. The worst situation would be that CBP will send you to the immigration court where you can prove your case that you did not abandon residency. I have seen 4 such cases and all of them were let in with no problems without IJ referral. Only one of them got a secondary inspection. CBP has to do a lot of paperwork to do an IJ referral and again the immigration court wait times are very long. By the time you get your date with the judge you may have already reestablished residency. So CBP usually never bothers in such cases. However this may come up during citizenship so it’s better to wait 5 years from the time of re-entry to apply once again. Your chances of being sent back are negligible if you just show up at the airport with a valid GC.
For cases where there is a long absence (1+ year without re entry permit) but green card is valid, the best way is to just show up at the airport like @newacct said. One does not automatically lose residency not or is a GC invalidated purely because of long stay abroad. The worst situation would be that CBP will send you to the immigration court where you can prove your case that you did not abandon residency. I have seen 4 such cases and all of them were let in with no problems without IJ referral. Only one of them got a secondary inspection. CBP has to do a lot of paperwork to do an IJ referral and again the immigration court wait times are very long. By the time you get your date with the judge you may have already reestablished residency. So CBP usually never bothers in such cases. However this may come up during citizenship so it’s better to wait 5 years from the time of re-entry to apply once again. Your chances of being sent back are negligible if you just show up at the airport with a valid GC.
Hello,
My Green card is valid but it is more than a year I am in India and I don't have a reentry permit either. I came to India to look after my parents. Later on, Covid hit. I am still not able to come to the US.
What are my options?- Do I file SB-1 at the consulate or is there any other option?
My Green card is valid but it is more than a year I am in India and I don't have a reentry permit either. I came to India to look after my parents. Later on, Covid hit. I am still not able to come to the US.
What are my options?- Do I file SB-1 at the consulate or is there any other option?