SB-1 reentry...a bit complex issue

[gmcana]

I've been living in the US continuously since 1989 but accepted a position in Germany with the German subsidiary of a US firm in June of 2007. I was granted green card status (finally!) in 1997, I'm a German citizen. I never did apply for citizenship but want to in the future. MY GC was granted under the "Violence against women act", not as a spouse.

I didn't know about having to apply for the SB-1 before I left, so I didn't do it. Both of my sons (22 and 16) are citizens. The 16 year old came with me to Germany, the 22 year old still lives in the US. I went to college in the US and obtained my MBA there.

My job will not be up for another 1-2 years at which time I will have overstayed my two year window.

My question: I am filing tax returns as required, am also maintaining a checking account and a CD with my bank. I have (obviously) family ties in the US and my entire life is there. I only took this job for the money and to give my youngest the experience of living in Germany for a while to connect with his roots.

Will I have trouble returning home in two years?? I am dismayed at the prospect of not being able to return!

 

[mmed]

I've been living in the US continuously since 1989 but accepted a position in Germany with the German subsidiary of a US firm in June of 2007. I was granted green card status (finally!) in 1997, I'm a German citizen. I never did apply for citizenship but want to in the future. MY GC was granted under the "Violence against women act", not as a spouse.

I didn't know about having to apply for the SB-1 before I left, so I didn't do it. Both of my sons (22 and 16) are citizens. The 16 year old came with me to Germany, the 22 year old still lives in the US. I went to college in the US and obtained my MBA there.

My job will not be up for another 1-2 years at which time I will have overstayed my two year window.

My question: I am filing tax returns as required, am also maintaining a checking account and a CD with my bank. I have (obviously) family ties in the US and my entire life is there. I only took this job for the money and to give my youngest the experience of living in Germany for a while to connect with his roots.

Will I have trouble returning home in two years?? I am dismayed at the prospect of not being able to return!

Once you get the GC under any category, the same regulations of stay will apply, either you have USC children or not. The regulations regarding stay is to stay permanently in US and you can travel for visits less than 6 months duration per visit provided that you have ties to US, as in your case. If you stay more than 1 year and less than 2 years you have to have travel document approved. If you over stayed those 2 years this means that your GC is not valid and in most cases you will not be granted reentry. Filling taxes, have family, bank account, ....etc are not replacement to the stay requirement and this is the normal actions almost every one with GC suppose to have and not a bonus. My thinking that there may be certain exceptions and other routes you can do if you overstayed the 2 years and there should be emergent reasons behind that not just working overseas and trying to connect your son to his roots (my opinion). Waiting for other's input and/or experience.

 

[Jackolantern]

I didn't know about having to apply for the SB-1 before I left, so I didn't do it.

You are confused about SB-1. The SB-1 is what you need to apply for after being outside the US for a year without a reentry permit. Normally your green card is invalidated if you leave the US for a year.

The reentry permit is a different document that you should apply for before leaving the US, if you expect to be gone for 1 or 2 years. Did you obtain a reentry permit? If not, you'll need to try for an SB-1. But if that is rejected, your green card is dead and you'll need one of your sons to file for a new green card for you.

Will I have trouble returning home in two years??

Forget about 2 years from now. You have already stayed outside for a year, so you will have trouble NOW if you don't apply for an SB-1 ASAP and return to the US. Then after you return, get a reentry permit before you leave again.