SB-1 or Returning Permanent Resident

ArleneNL

New Member
I need an advice for my brother who became a green card holder in 1987 and went out of the country in 1988 and came back 10 years after. Before he came back in 1998 he had filled out the DS-117 form or the "Application to determine returning resident status". He was then scheduled for interview and passed and therefore did all the necessary medical tests and was given a visa to return to US in 1998. He then recently went for his Citizenship interview and passed that as well and was about to go for his oathtaking this dec 28 2004 when he had received a letter saying that "It is apparent that you have abandoned your residence. There is no evidence that you were granted an adjustment from the Service to restore your status as a legal permanent resident. Your name is being removed from the oath taking. Do not attend."

My questions is why would they say that when all the necessary documents were submitted to them and no copies (of course) were ever given back to my brother. They were given to the immigration officer when he entered the US back in 1998 and that's why they'd stamped his passpord "SB-1" which is an approval to reinstate him as a permanent resident.

What I need is an advice as to what to do next because they want proof and they got the proof filed somewhere that we dont have access to and I think they are saying that they dont have it either. My brother had done the Freedom Act a year ago where he'd requested for the copies of the documents be sent to him and to this date he is still awaiting for it. The INS needs an answer/reply in 15 days and the letter was dated Dec 8th 04. Any advice or help would be greatly appreciated. Thank you so much.
 
But how could the sb-1 be given to him in error when he had submitted to the embassy all the necessary paperworks and the reason why he had to leave the country for almost 10 years and after establishing that he has still ties to the US and did not really want to abandon his residence. One of the reasons that he had given to them was he had an accident and will not be able to care for himself and therefore had to go home to be taken cared of. He is now a handicapped but at least his family is here who can take care of him. The family came here after obtaining a V visa in 1999. So I dont think it was an error after submitting all the proofs and was reinstated to be a permanent resident again.
 
JoeF.

Is it not correct to assume that if you leave the country for over 2 years (with a reentry) , you automatically lose your Green Card ? Should not the returning resident doc be filed before the fact and and not many years after ?
 
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