Complicated situation [need advice]

[fcrvenkovic 0]

So here's my life story in short. It'll make things clearer.

I'm 21 years old now and I'm a Croatian citizen.

When I was 2 years old (in 1991) my father, mother and I moved to the US on my dad's work visa (he is a doctor).

In 1992, my brother was born in the US, he is an American citizen.

After a couple of years we all (except for my brother naturally) got our green cards.

Then in 1996 (I was 7 at the time) my father suddenly decided that he wants to go back to Croatia, so, as he was our only income provider, we had to follow him back.

After some time, I lost my green card.

In 2007 I came back to the US on a F1 student visa on a tennis scholarship to attend college. I graduated this year.

I've talked to a lawyer and he says my best bet would be to apply for a "Resident Return Permit" or something similar. He advised me to do this since I already had a green card, and I lost it not because of my own fault but because my father didn't give a damn about what happened, he just wanted to come back to Croatia. And, as I mentioned earlier, he was our only income provider so we had to come back with him.

I want to live and work in the US and in no way have I shown intent that I don't want to live and work in the US.

Does anyone have any advice for me or has been in a similar situation?

Thank you for any help!

Filip

[canadian_wife 1,823]

http://travel.state.gov/visa/immigrants/info/info_1333.html

Read up on returning resident permits. One clause says that you must not have intended to abandon your residency - which clearly you did (well, your father did for you)

Good luck

[Neal851 3]

http://travel.state.gov/visa/immigrants/info/info_1333.html

Read up on returning resident permits. One clause says that you must not have intended to abandon your residency - which clearly you did (well, your father did for you)

Good luck

[fcrvenkovic 0]

Thanks for the info!

I know my father abandoned it for me but still, I was a child and this shouldn't affect my personal intentions. After all, I returned to the US for college studies and have shown intentions of wanting to stay there.

My father acted on nothing but his own personal agenda and selfish desires and even though we're not discuss his character, it did mess up my life and my future.

Doesn't this count for anything?

[JimVaPhuong 4,863]

I've talked to a lawyer and he says my best bet would be to apply for a "Resident Return Permit" or something similar. He advised me to do this since I already had a green card, and I lost it not because of my own fault but because my father didn't give a damn about what happened, he just wanted to come back to Croatia. And, as I mentioned earlier, he was our only income provider so we had to come back with him.

Yeah, the problem is that a returning resident must have intended to return to the US when they left, and that the reason for the extended absence was beyond their control. As a minor, your intent would have been irrelevant, and the intent of your parent, from whom your immigration status was derived, would be the determining factor. When your father abandoned his residency, he abandoned yours as well.

[fcrvenkovic 0]

What about me applying for an OPT extension on top of my F1 visa? I read that this can be done up to 60 days after completion of studies

Would this be an option towards building myself towards a green card again?

[canadian_wife 1,823]

F-1 is a non-immigrant visa. OPT is an extension of your F-1 non-immigrant visa. None of this can go toward you 'building a green card'

I'm sorry, your father made the decision to abandon your green card, I don't think your use of a non-immigrant vis can help you get it back

Good luck

[fcrvenkovic 0]

I don't want my green card back per se, I just want to be able to live and work in the US!

After the expiration of my OPT I can transfer it to some kind of other visa that allows me to do this, I don't really care if it's an immigrant or non-immigrant visa. To me it makes no difference, I just want to be able to live and work in the US.

Considering that the economic times are difficult, the chances of any company sponsoring a 21-year old recent college graduate are near impossible. So please, now that you know what I'm aiming for, tell me what I can do?

Thank you!

[Anh map 2,098]

You would need an employer sponsored work visa or a green card through Diversity Lottery or family based.

[fcrvenkovic 0]

What about through my brother?

[Brother Hesekiel 2,236]

Your only 2 real life options are being the husband of a US citizen wife or, in 2013, your brother filing a petition for you. However, since you are over 21, that will take some time. Still, a better deal than having no relative in the US. Had your father become a USC before leaving, which was an option for him, you'd be a USC now as well.