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Returning resident visa eligibility???

C

cinmarion

Registered Users (C)
Hello,

My name is Marion and I am French. I got my green card through the lottery a few years ago and then moved to NYC for two years. After those two years, I was honestly tired of NYC (working two jobs to pay for my rent was a just a bit intense lol) and decided I wanted to try to study in Australia. I then moved back to France, got a job for a few months and when I finally had enough money to pay for my school enrolment, i moved to Australia. I now have a diploma and would like to move back to the states. BUT i was stupid enough not to apply for a re entry permit prior to me leaving the USA and I have now been out of the country for nearly two years

I am moving back to France next month and just booked an eligibility interview at the american embassy in paris. But Im really scared as I dont think i qualify for a returning resident visa. indeed, I "chose" to get a job in France to pay for the australian college and then chose to go study in Australia for a year. So that does not really belong to "reasons beyong my control". I am an honest person and simply wants a chance to go back to the states after two years of living abroad

what do you think? what are my chances? should i just give up and not show up to the interview?
I emailed an immigration lawyer but im pretty sure he's gonna want to charge me 2 grands to answer my question lol

thanks a lot for those of you who will answer! :)
 
I imagine you have probably read the info on this link.

http://travel.state.gov/visa/immigrants/info/info_1333.html

I think the only thing that you can say is the economic pressures forced you to leave and it has always been your plan to return to the US (although this has taken longer than you had planned). To be honest, I personally think you should prepare the case using a lawyer, and if they charge some money, then that is what it will cost. They may well tell you that you have blown it and the would not take on the case without a reasonable chance of success. At least you would know.

Good luck!
 
Your mistake is that you did not do the research and apply for a reentry permit. If you are honest during the interview and tell the story like it is: you wanted to get good education to go ahead in the US but college is so expensive in the US that you decided to study in Australia, but since you were so ignorant of the laws, you never researched that you needed to do paperwork before leaving. I feel that if you tell the truth, come across as sincere, you maybe approved, because it is entirely up to the discretion of the officer since otherwise you were already approved for a GC.
 
Bonjour Marion,

I am not sure a consulate has any power to issue a re-entry permit, but you definitely need to schedule an interview with them before flying back to the US and sort this out before your next travel. You may face otherwise a refusal from the CPB Officer at POE. That is not a pleasant experience as you may end up in deportation proceedings. There is little risk, but there is a risk.
A lawyer can be helpful, but it is probably better to meet the consulate first. You just need to explain your case and be as honest as possible in what you tell them. They may direct you to an oversea USCIS office (I believe the one for France juridiction is in Italy). The tricky part is the fact that you went back to France for work and earn money there. If you did not file a tax return with the IRS for the past 2 years, this can be seen as you giving up your residency status. I am sure this was absolutely not your intent, but you need to be careful there, and again sort things out before traveling back to the US.

To me, only 2 years of absence is still workable. I am sure a good attorney can solve your case. Spend time surfing on the internet to find similar cases as yours. I am sure there are plenty.

Wish you all the best!
 
House409 said:
Bonjour Marion,

I am not sure a consulate has any power to issue a re-entry permit, but you definitely need to schedule an interview with them before flying back to the US and sort this out before your next travel. You may face otherwise a refusal from the CPB Officer at POE. That is not a pleasant experience as you may end up in deportation proceedings. There is little risk, but there is a risk.
A lawyer can be helpful, but it is probably better to meet the consulate first. You just need to explain your case and be as honest as possible in what you tell them. They may direct you to an oversea USCIS office (I believe the one for France juridiction is in Italy). The tricky part is the fact that you went back to France for work and earn money there. If you did not file a tax return with the IRS for the past 2 years, this can be seen as you giving up your residency status. I am sure this was absolutely not your intent, but you need to be careful there, and again sort things out before traveling back to the US.

To me, only 2 years of absence is still workable. I am sure a good attorney can solve your case. Spend time surfing on the internet to find similar cases as yours. I am sure there are plenty.

Wish you all the best!
Click to expand...

The OP is not trying to apply for a re-entry permit from the embassy. He's applying for a Returning Resident Visa which can only be done at a US embassy or consulate.
 
Thank you for your messages!

I tried contacting immigration attorneys but so far no response :(

If anyone of you knows a good attorney in France (preferably), feel free to message me!
 
One point marrion if you still paid us taxes when u moved back to france ! That will play on your favour as a sign of having an attach in usa and really you planned to return :)
 
vladek15425 said:
One point marrion if you still paid us taxes when u moved back to france ! That will play on your favour as a sign of having an attach in usa and really you planned to return :)
Click to expand...

More specifically, as pointed out further above (and not yet answered by Marion), the question is whether she has FILED income tax returns to the IRS during her absence (federal and state income tax returns) plus submitted FBAR reports (if applicable at the time, I am not sure).

What Types of Foreign Financial Accounts are Reportable?

The following types of financial accounts would need to be reported on the Foreign Bank Account Report if you meet the filing requirement threshold:
Bank accounts (checking and savings)
Investment accounts
Mutual funds
Retirement and pension accounts
Securities and other brokerage accounts
Debit card and prepaid credit card accounts
Life insurance and annuities having cash value
Click to expand...

This is the thing I really don't like about the USA ... their so called "citizenship based taxation" (i.e. citizens and LPR/GC holders) forcing those who want to live and work outside of the US for some time (so called US-expats) to continue to file tax returns for income earned OUTSIDE of the US (while NOT living IN the US) and fully disclose what bank accounts you have (authority over).
This is in stark contrast to the rest of the developed world, where citizens are only required to file income from world wide sources for the times they actually LIVE there.

The penalties for not complying with these filing requirements are said to be extremely severe, too...starting from (a ridiculous) $10,000 per 'violation'!

In Marion's case, I would certainly want to check that she has complied with her tax (and FBAR) filing requirements.
 
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