Want to return to US after 1 year in Brazil

A

Ausa12

New Member
One year and 1 month ago I moved to South America with my child (who was born in the USA) . I moved there because the father of my child could not get a visa and wait time was so long for a non-citizen. I married the him intending to be a family but after an unhappy year of marriage I decided it is best for the sake of my child not to be together anymore.
I have a new passport (British), a green card (I am originally from England) and did not get a re-entry permit as I did not know about it when I left the US. Now I am kicking myself for not doing that :(
I had lived in the US for 16 years so it has been my home. I really want to return. Is there anything at all I can do to save my green card or will I have to surrender it when I go back? Will an attorney help at all or do you think it is a waste of money to even try?
If there is nothing I can do I would still like to go back as a visitor to see my friends and family one last time. I need to work so I am guessing I will have to return to England after my 90 day visit as I do not want to go back to Brazil.
Any ideas on how to keep my green card? What about if I go through Canada? I do not want to lie to the INS or do anything that would put me or my son in jeopardy.
Thank you very much in advance for any help and advice :)
 
While you are kicking yourself about not getting a Re-entry Permit, use the other leg to kick yourself over not simply getting US citizenship when you had several years in which to do so (and your spouse would have been easily admited into US).

You won't be admitted as a visitor. Going thru canada isn't going to help you, either.
 
Thanks for taking the time to respond to my question.
I know.....I should have applied for citizenship. I feel very stupid now. We were hoping he would get his visa but when it was denied I was too impatient and decided to just go as my son had already spent 2 years without his father. I thought everything would work out here but alas, that is not the case.
I feel like I have no country of my own now as I have not lived in England in such a long time and can not go back to the US. My ignorance has definitely cost me.
Unfortunately I was over 18 when I got my green card.
I was curious but why can I not go back as a visitor? Even if I apply for an I-94? Would they deny me back in? I am willing to relinquish my green card just to visit my family.
Thanks again :)
 
Please excuse my ignorance on this, but why can't the OP apply for a returning resident. I understand the original intent was to give up the LPR status, but the OP did not follow the official procedure to surrender the GC.


Stoned!
 
Because it is more than one year since she left. She *might* qualify for an SB-1, but not likely.

It is also unlikley that one would be granted visitor status immediately after confiscation of the GC, although if SB-1 is denied, they might be then able to enter, but SB-1 takes awhile, and she said she needs to start working.
 
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Ausa12 said:
I was curious but why can I not go back as a visitor? Even if I apply for an I-94? Would they deny me back in? I am willing to relinquish my green card just to visit my family.
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If you voluntarily and officially surrender your GC at a consulate via the I-407 process, you will very likely be able to return as a visitor without a problem, as long as you have no other disqualifying conditions (committed crimes, etc.).

But if you wait until the US forcibly revokes it, especially if that happens after you try to use it again, it would be much more difficult to go back as a visitor.
 
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nelsona said:
Because it is more than one year since she left. She *might* qualify for an SB-1, but not likely.
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The SB-1 is specifically for people who have been outside the US for over a year, so exceeding that year is not what would cause a problem for the SB-1.

In her case, her problems with obtaining an SB-1 will lie with demonstrating that unforseen circumstances made her stay outside the US for more than a year. Yes, the marriage going bad probably was unforseen, but the marriage going bad is not what made her stay longer than a year; the failing of the marriage is what is making her want to return now. She would have to show something else, like her husband was physically or legally preventing her from taking her son out of Brazil.
 
The SB-1 is specifically for people who have been outside the US for over a year, so exceeding that year is not what would cause a problem for the SB-1.
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My reference to the one-year absence was in response to those wondering why the OP couldn't now get an REP. Jacko correctly outlined the reasons why it was, as I said, unlikley that she would get an SB-1. She qualifies for submitting and SB-1, but not IMO for getting one.
 
i shared the place in NY with Brazilian guy who was away from US for 6 YEARS and he got back without a hich with just welcome back -got his US citizenship also (maybe he is telling tall stories but again his sister alegedly could not repeat the same thing since she was away for 8 years + with the child born in Brazil)
 
Obviously that guy hid the true length of his 6-year trip at the port of entry and when applying for citizenship, and got away with it.
 
Thanks again for all your help, :) I really appreciate it.
I decided to surrender my green card to the consulate here in Brasil and then I will hopefully fly to the US to visit my family for a month or 2. I then will most likely go back to the U.K. and start my life there.
Your advice was very valuable to me and saved me a lot of time and headaches. ;)
 
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