Returning to USA after 2 yrs

[matrix66 0]

Hello everyone,

Can anyone please tell me a permanent resident who has stayed outside USA for more than 2 years and didn't get to obtain the re-entry permit before leaving, how can she/he return to USA if he/she still holds a valid permanent resident card? I was told that either by applying for Return Resident Visa at a US Embassy or by filing an I-130 petition all over again to start afresh. Is this true? Your useful feedback will greatly appreciated. Thank you.

[milimelo 4,202]

Hello everyone,

Can anyone please tell me a permanent resident who has stayed outside USA for more than 2 years and didn't get to obtain the re-entry permit before leaving, how can she/he return to USA if he/she still holds a valid permanent resident card? I was told that either by applying for Return Resident Visa at a US Embassy or by filing an I-130 petition all over again to start afresh. Is this true? Your useful feedback will greatly appreciated. Thank you.

Google abandoning permanent residency and see what it gives you.

[Brother Hesekiel 2,235]

Easy.

Apply for a "returning resident visa" form SB-1 from the US embassy/consulate in your country. If the conditions you got the green card the first time still exist, i.e., you were married to a US citizen and are still married to him or her, then that will be no problem.

If the conditions do not exist anymore, i.e., you got divorced from your petitioning spouse, they will not give you an SB-1.

The SB-1 is basically a visa to get to the United States, like a tourist visa, but with the explicit permission to adjust status once there. Still, you would have to start the entire Green Card process from scratch like you never had a Green Card before.

Final word of wisdom: even with a Reentry Visa, you'd have lost your residency after 2 years of absence.

[matrix66 0]

Easy.

Apply for a "returning resident visa" form SB-1 from the US embassy/consulate in your country. If the conditions you got the green card the first time still exist, i.e., you were married to a US citizen and are still married to him or her, then that will be no problem.

If the conditions do not exist anymore, i.e., you got divorced from your petitioning spouse, they will not give you an SB-1.

The SB-1 is basically a visa to get to the United States, like a tourist visa, but with the explicit permission to adjust status once there. Still, you would have to start the entire Green Card process from scratch like you never had a Green Card before.

Final word of wisdom: even with a Reentry Visa, you'd have lost your residency after 2 years of absence.

Thanks for the reply guys. So, from reading the above I heard it right then. Also, the applicant got the perm. resident status via family based immigration. Now, after reapplying, she got her I-130 approved and sent over to NVC and those idiots returned it back to CSC saying the applicant is already a perm. resident. I took the case to my congressman's office who were told a totally different story by the stupid rep. from CSC saying the applicant would need to surrender her perm. resident card to the nearest embassy and file the N-470 and then reapply for family based immigration I-130.

This just do not make sense. The congreeman's office acknoledge my grief and said the USCIS and NVC do not have an efficient communication between each other. They have told the CSC that the applicant had reapplied and filed I-130 that was approved by them but returned by NVC. They said they are trying to get a clear answer from CSC. I don't know what to do now. Any ideas?

[milimelo 4,202]

Thanks for the reply guys. So, from reading the above I heard it right then. Also, the applicant got the perm. resident status via family based immigration. Now, after reapplying, she got her I-130 approved and sent over to NVC and those idiots returned it back to CSC saying the applicant is already a perm. resident. I took the case to my congressman's office who were told a totally different story by the stupid rep. from CSC saying the applicant would need to surrender her perm. resident card to the nearest embassy and file the N-470 and then reapply for family based immigration I-130.

This just do not make sense. The congreeman's office acknoledge my grief and said the USCIS and NVC do not have an efficient communication between each other. They have told the CSC that the applicant had reapplied and filed I-130 that was approved by them but returned by NVC. They said they are trying to get a clear answer from CSC. I don't know what to do now. Any ideas?

Did you not read Bob's reply? He covered it all.