Need your HELP! Being outside USA for 13 months - what to do?

[Valia and Serghei 4]

Hey guys , i need your advise as i have a complicated situation

Last year in November 2016 i have obtained my 10 years Green card /valid till 2026/ as being married to my husband - US Citizen

We have been married from November 2013 and still are happily married and together from 2012.

Last year 2016 our family moved from NJ to TX for a job opportunity , but while switching jobs and with no health insurance at this moment i had a medical emergency situation - i landed in Emergency room in Houston hospital 

Long story short - they suspected need of surgery that would be very costly - either appendicitis either sharp inguinal hernia - not 100% conclusion 

As the bill for emergency room was USD 15000 , and no health insurance , no money in bank to continue the check ups 

In this emergency situation , we made a decision to fly back to my country to make the medical exams and eventually the surgery

On December 3rd 2016 we flied from USA to Europe 

Long story short - few weeks medical exams , few months in pain in bed - final medical conclusion - spinal nerve hernia - no surgery , only shots , limited walking ....

Now December 2017 , almost 2018 , we want to move back in USA , but i have overstayed more than 1 year outside USA

We have maintained our bank accounts in USA , we have our own property there - in NJ , we pay our mortgage , bills , we receive our mail there , pay my medical dues and so on

But i am afraid that i will not be let in USA at the POE if we just book a flight

My husband thinks that we can just fly back , but i think that there will be problems at the POA

Do i need to apply for a SB1 visa - returning resident visa , or i am eligible to enter USA ? 

Please help me with advise as time is in the essence... 

Do anyone was let in USA after long time outside USA ?  

[luckyching1212 1]

I suggest to call the federal immigration in usa  to find out what are you going to do and yes you are overstayed and maybe you can go the us embassy there in Europe if you find one and ask them what is the best way to do before you going back to the states maybe when you come back to the usa with out doing nothing the immigration officer might hold you in the airport and think you abandoned your green card because you've been gone for almost a year question you why did you leave the usa for almost a year just keep your medical records and everything and show it to them just case they question about your medical records since that's the one of your records that you been hospitalized there in Europe good luck and God bless 

[geowrian 22,335]

Option 1: Return to the US and make your case to CBP. You remain an LPR until an immigration judge determines otherwise. Be sure to carry evidence of why you were abroad for so long and unable to return, and your ties that were maintained in the US (the bank account and ongoing mortgage/utilities/taxes is great to have).

 

Option 2: Try for an SB-1 visa. @Nitas_man is more familiar with this process as they recently went through it, but essentially you request the ability to qualify as a returning resident, then (if approved) apply for the SB-1 visa. You still need to have financial sponsorship so that you will not become a public charge, and to show that you were unable to return.

 

Option 3: Relinquish your green card then start over. ETA: ~12-14+ months.

 

Option #1 is the fastest and cheapest option by far, although you have no guarantee of the results so there is that risk facing an immigration judge and potentially having LPR status revoked. Only you fully know your own case.

 

1 hour ago, Valia and Serghei said:

As the bill for emergency room was USD 15000 , and no health insurance , no money in bank to continue the check ups 

Just another reminder of 1) the sad state of the US healthcare /insurance system, and 2) the need for medical insurance (unless vastly wealthy).

[Nitas_man 3,100]

On December 31, 2017 at 12:30 PM, Valia and Serghei said:

Hey guys , i need your advise as i have a complicated situation

Last year in November 2016 i have obtained my 10 years Green card /valid till 2026/ as being married to my husband - US Citizen

We have been married from November 2013 and still are happily married and together from 2012.

Last year 2016 our family moved from NJ to TX for a job opportunity , but while switching jobs and with no health insurance at this moment i had a medical emergency situation - i landed in Emergency room in Houston hospital 

Long story short - they suspected need of surgery that would be very costly - either appendicitis either sharp inguinal hernia - not 100% conclusion 

As the bill for emergency room was USD 15000 , and no health insurance , no money in bank to continue the check ups 

In this emergency situation , we made a decision to fly back to my country to make the medical exams and eventually the surgery

On December 3rd 2016 we flied from USA to Europe 

Long story short - few weeks medical exams , few months in pain in bed - final medical conclusion - spinal nerve hernia - no surgery , only shots , limited walking ....

Now December 2017 , almost 2018 , we want to move back in USA , but i have overstayed more than 1 year outside USA

We have maintained our bank accounts in USA , we have our own property there - in NJ , we pay our mortgage , bills , we receive our mail there , pay my medical dues and so on

But i am afraid that i will not be let in USA at the POE if we just book a flight

My husband thinks that we can just fly back , but i think that there will be problems at the POA

Do i need to apply for a SB1 visa - returning resident visa , or i am eligible to enter USA ? 

Please help me with advise as time is in the essence... 

Do anyone was let in USA after long time outside USA ?  

We were.

I prepared an SB1 application and an I130 package.  We went to the first interview prepared to surrender the green card and re-file or proceed with SB1.  

As we were approved to apply for SB1 there was no need to re-file.

 

They will let you enter if you just fly back but you are almost assured that you will be put in removal proceedings and have go before a judge to rule on maintaining ties, which is exactly the same thing that happens when the embassy CO's review your SB1 application.  

 

So my recommendation is to proceed with SB1 and prepare to file a new I130 if it is denied.

 

I blogged the whole process under "working and living" I believe.

If you apply, please share your step by step experiences for others as it is a rare visa and difficult to obtain information on.

Remember - at the first interview you need to demonstrate that you qualify for your original immigration benefits in all categories, and that your return home was out of your control.  Medical is listed as one valid reason.  My instinct is that at 13 months out and married to USC you will probably get approved.  If not, your green card is flagged and returned and your best bet is to re-file I130 and start over.  

Good luck!

Edited January 2, 2018 by Nitas_man

[SusieQQQ 11,584]

Definitely be interested to see the outcome. As nitas says, these visas are often refused so it will be of use to others to see a step by step thread on it.

 

While medical issues is certainly a valid reason for not returning in time, I have also seen it suggested that using a national health system in another country (as presumably this was) can be seen as an indication that you have resumed residence in that country, thus abandoning US residence. There may also be a difference between an unexpected medical issue arising while abroad and specifically traveling for that reason. If anyone here has any actual precedent on these issues it might be useful to OP as well. I’d agree with nitas that on the face of it OP should be fine but best to know how to handle any potentially tricky questions.

Edited January 4, 2018 by SusieQQQ

[Valia and Serghei 4]

On 1/4/2018 at 11:09 AM, SusieQQQ said:

Definitely be interested to see the outcome. As nitas says, these visas are often refused so it will be of use to others to see a step by step thread on it.

Hi there, we had decided to apply for SB1 visa , and we were approved. 

On july 15th 2018 we have entered USA 

Now after entering USA the process is very unclear, there is no information what’s next in the process. 

[Nitas_man 3,100]

On 9/17/2018 at 9:01 AM, Valia and Serghei said:

Hi there, we had decided to apply for SB1 visa , and we were approved. 

On july 15th 2018 we have entered USA 

Now after entering USA the process is very unclear, there is no information what’s next in the process. 

Nothing.  They should have returned your green card at POE and that’s it.  Welcome back.  We already entered left for 2 months and returned on the same green card and there were no issues.

Oh one thing - address update!  Keep your address current.

 

Edited September 23, 2018 by Nitas_man

[James D 39]

On 10/21/2018 at 9:58 AM, James D said:

And indeed there is nothing wrong with doing this. It's a good gesture in fact. I hope all goes well for him and you.

How long were you out of the USA and how long did it take to get the SB-1. What year did you file for the SB-1? I was told. or read, that the SB-1 is more expensive and rarely approved.  Medical reasons kept my wife from returning within a one year period and we ended up surrendering her GC and are now filing a new I-130.

[James D 39]

On 9/17/2018 at 11:01 AM, Valia and Serghei said:

Hi there, we had decided to apply for SB1 visa , and we were approved. 

On july 15th 2018 we have entered USA 

Now after entering USA the process is very unclear, there is no information what’s next in the process.  

Thanks for letting us know you are back in the USA. I hope your life is back to normal. I understand travelling abroad to have surgery if you haven't the funds to pay for medical bills in the USA. My wife missed the one -year deadline for returning to the USA because of medical problems. We were not planning for that and had no extension of leave from immigration. Other medical problems occurred that required her presence in the foreign country and we finally surrendered her GC and are filing a new I-130. Things have really changed from 30 years ago!