Status of my LPR

[mizyel 0]

Hi good day! I really need help regarding the status of my residence in U.S. I'm a U.S residence since 04/04/2001 and the green card will expire on 10/17/2011 an immigrant status. All of my family are in U.S, they are already american citizen. I was not able to come back in U.S since November 2004 due to I have a Hold Departure Order issued. Until this year the case is closed and the hold order will be lifted next month. I really want to come back in U.S to be together with my family again and reside there. Will I still be able to use my permanent card to entry in U.S since it's not expired until 10/17/2011? or if not, what would be the best way for me to do to re-entry in U.S?

I wonder if I will be petitioned again using form I-130 and I'm over age of 21 years old, will it take more longer, the same as I was petitioned before or it would take more faster cause I already been to U.S and have a LPR card already? but my green card will expire soon on 10/17/2011, will it still be considered even if ever my visa will be granted after the expiration date? thanks

[canadian_wife 1,823]

Let me clarify, you haven't been in the US, at all, since 2004, is that correct? You haven't been in the US in 7 years?

Good luck

[Penguin_ie 5,994]

What is Hold Departure Order? Does this mean the Philipines government stopped you from leaving their country for the last 6 years and if so why?

You most likely will not be let into the USA, as you'll be considered to have abandoned residency with such a long absence. You will need to be petitioned again, via a I-130 as you say. It will not be any faster because you were an lpr previously. How long it takes will depend on who petitions for you.

[mizyel 0]

@canadian_wife - yes maam

@penguin_ie - I had a criminal cased which was dismissed just this month. I thought it would be faster cause I already have SSN and Alien number. What do you mean depends on how petition me, sir? it's my father and he was the one who petitioned me 10+ yrs ago, he's already an american citizen.

[mizyel 0]

I mean *depends on who petition me* my father was the one who petitioned me before and he will be the one to petition me again from california. thanks

[JimVaPhuong 4,863]

You won't be permitted to reenter the US with your green card. CBP will conclude you've abandoned your residency because you've been absent more than a year without first obtaining a reentry permit.

You can try to apply for a returning resident visa. They will sometimes grant this if you can prove that your extended absence was unexpected and beyond your control. I strongly suggest your father hire an immigration attorney to help with the application. If this fails then he'll need to submit another petition for you, and you'll be waiting about 15 years for a visa.

[Deputy Purple 1,294]

You really should go to the US Embassy in Manila. Ask them about a Returning Resident Visa (SB-1). Since you were not planning to remain out of the country for more than a year and the circumstances that caused it were beyond your control there is a change that you can get the Visa.

Otherwise your US Residency is considered to be abandoned as you have been our of the US or so long.

[mizyel 0]

@JimVaPhuong - what do you mean 15 years? I-130 only takes about 5 months from what I heard. Please enlighten me if you're sure about that

@Bob 4 Anna - I heard about SB-1 too but it cost around 800 all the fees and it takes about the same as I-130 to process so I was thinking maybe I should just go for I-130.

[Deputy Purple 1,294]

@Bob 4 Anna - I heard about SB-1 too but it cost around 800 all the fees and it takes about the same as I-130 to process so I was thinking maybe I should just go for I-130.

I'm assuming you are over 21? If you are then a Visa number isn't immediately available for you. This means that a new I-130 application would take many years depending on your Category (unmarried/married son of USC over 21 years of age).

If you're able to get a SB-1 you won't have that wait.

[Brother Hesekiel 2,236]

The SB-1 is your one and only chance. Read about it. Study it. Prepare for the interview like your future depends on it, as it does!

If the SB-1 route fails, your return will hinge on another I-130 petition. Yes, you are correct, that will take "only" about 5 months until it has been adjudicated. And then it will be put on ice for many, many years until your priority date becomes current.

What's a priority date, you wonder?

Based on your relationship to the petitioner, you are in one of the family-based priority categories:

http://travel.state....letin_5452.html

The quickest ride you can get as a son of a US citizen parent over the age of 21. That would be F2B (assuming you are not married).

For the Philippines, they are now working on petitions with a priority date of June 8, 2000. That means, people whose priority date was 11 years ago are now ready to get their ticket to the US. That also means that you'll have to wait approximately 11 more years once the new I-130 is approved. These dates are fluent and can jump by up to 2 years in either direction, so once you have your priority date, check the bulletins starting at about 2018.

Maybe now you understand how important it is to make your case on the SB-1 visa petition.

Edited July 2, 2011 by Just Bob

[JimVaPhuong 4,863]

@JimVaPhuong - what do you mean 15 years? I-130 only takes about 5 months from what I heard. Please enlighten me if you're sure about that

Five months to get the petition approved. However, because you're now over 21 years old you are no longer eligible for any visa in the "immediate relative" category. You'd have to apply for a visa in a "family preference" category, and all of those visas are rationed - only a limited number of visas issued each year in each category. You'll have to wait in line until your turn comes up. Bob explained how the priority date system works. He did make one error, however. You wouldn't be applying for an F2B visa - those are for unmarried adult sons or daughters of LPR's. Unmarried adult sons or daughters of US citizens apply for F1 visas.

Here's the kicker...

No single country can receive more than 7% of the total number of available visas in any family preference category. Any country where the number of people waiting exceeds 7% is called "oversubscribed". No country in the world is more oversubscribed than the Philippines, which means the wait is longer than anywhere else. Even worse - there are more sons and daughters of US citizens waiting in the Philippines than there are sons and daughters of LPR's. While Bob was correct about the current cutoff date for F2B visas, you aren't in the F2B category - you're in the F1 category. The current cutoff date for F1's in the Philippines is February 22, 1996.

Like I said, 15 years.

Watch this page to read the latest visa bulletin containing the current cutoff dates for each visa category:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

Focus on getting the returning resident visa. It's your best hope. Be prepared to provide evidence about your recent criminal case. I understand that the case was dismissed, but if at any point in the process you admitted to any crime then you may be inadmissible to the US. There is no way the consulate is going to listen to your reason for not returning to the US without demanding to see all court documents related to your case.

You really should hire an immigration lawyer to help you with this. You only get one shot at the returning resident visa.

[mizyel 0]

What do you mean by "until it has been adjudicated" I checked on their website > https://egov.uscis.gov/cris/Dashboard/ProcTimes/Locations.do < and a consular here in Philippines told me it takes about 5 months.

In processing times I put:

Form: I-130

Sub type: Unmarried over 21 years old

Office: Will I be able to choose to be processed in Texas Service Center if my parents live in California? cause in chart when I checked it takes about 3 yrs if process in California Service Center.

I really appreciate your answer guys. My parents will be sending out the form next week but maybe it will be delayed til' I get more information about this form I-130

PS: All my parents are American Citizens. My aunt petitioned her mother and took about a year and her mother is of course over 21 yrs of age and also married

[mizyel 0]

@JimVaPhuong - thanks for that very informative answer. Just want to clarify, my parents are not LPR, they are American citizens since my father was born. So I still have to wait that long if ever I will get denied to get SB-1 Visa?

Edited July 2, 2011 by mizyel

[Penguin_ie 5,994]

Your aunt petitioned for her mother- that is different than petitioning for a child. Different category. Jim is absolutely correct in what he writes.

[mizyel 0]

I see, thanks a lot guys. So, my last option aside I-130 is SB-1 Visa then. I saw the form from http://www.state.gov/documents/organization/79962.pdf and it asked for DHS A# but I have INS A#. Will I be fine if I put in my INS # instead of DHS? I'd just put > INS A# 8 digits < and I don't think I still have the previous Immigrant Visa cause I surrendered it in when the first time I went to U.S and I don't exactly remember when was the initial entry ( first day I been to U.S ) I also want to add more family members but it only allowed me to list 5 members...it says continue on separate page if necessary but don't know which page. Also on question 14, what's the appropriate date should I put? I wanted to go back as soon as possible. I assume when printing this form, should I use long bond paper? what kind of paper should I print it to? thanks so much