outside the us over 3 years

[Andrey_san 0]

Hi everyone,

I've been outside of the US for more than 3 years. Now I want to return and thinking about legal ways to do it.

I wanted to apply for SB-1 visa, but my layer told me that there is not the best way. He suggests to fly as is and IF there is any troubles on the border I will have to go though the similar procedure but INSIDE the US(which is much faster).

He told me that if I apply for SB-1 I automatically agree that my status has abandoned, but if I fly as is I will only have to provide proof that my protracted stay outside of the US were for reasons beyond my control and they won't abandon my status.

What do you think about this suggestion?

[Penguin_ie 5,986]

Three years outside without a single visit to the USA? They won't let you back in if you just fly there. SB-1 is worth a try, if you have god reasons you stayed outside the USA. If not, you will need to start from scratch.

Edited August 12, 2011 by Penguin_ie

[Andrey_san 0]

Three years outside without a single visit to the USA? They won't let you back in if you just fly there. SB-1 is worth a try, if you have god reasons you stayed outside the USA. If not, you will need to start from scratch.

Lawyer said they can take my permanent resident card and set up an appointment in a court. All this time I will stay in US as Permanent Resident. Is he mistaken?

And is a wife and a child on my care a good enough reasons?

[rika60607 215]

Your lawyer is not mistaken, but he failed to mention that you'd get deported if judge decides that you abandoned your residency, which you did. Your lawyer will also make much more money representing you in court compared to you filing for SB-1 visa in US embassy in your country.

How did you get your GC originally? Can you do it the same way again? What is your wife and child's status, also abandoned GCs? Unless your wife or child were gravely ill or disabled, having them in your care is not an excuse for a long stay out of the US.

ETA: your I-751 application was rejected years ago due to no response from you.

Lawyer said they can take my permanent resident card and set up an appointment in a court. All this time I will stay in US as Permanent Resident. Is he mistaken?

And is a wife and a child on my care a good enough reasons?

Edited August 12, 2011 by rika60607

[Andrey_san 0]

How did you get your GC originally?

My mom had won it 10 years ago when I was young. So I inherited it from her.

Can you do it the same way again?

As it was the lottery, I can try. But with no guarantee

What is your wife and child's status, also abandoned GCs?

No, don't have any GCs and the have never been to the US.

Unless your wife or child were gravely ill or disabled, having them in your care is not an excuse for a long stay out of the US.

So, being the only breadwinner in family and the only person who can help to grow up the child is not enough?

As for the illness, my child had an allergy and in general she was very hard child in first year.

ETA: your I-751 application was rejected years ago due to no response from you.

I didn't get what it mean.

[rika60607 215]

Please disregard the I-751 comment, I must have carried this over from another topic.

So you have a 10 year GC and the problem is that CBP will ask you how long you have been out of the US and then will pull your GC and/or turn you away because you were gone for too long...

Taking care of your family is not a good excuse, unfortunately. You could try pleading with the US embassy, but your chances are not very good. Your mom could petition you (if she became a US citizen), but it would take years...

[Andrey_san 0]

Please disregard the I-751 comment, I must have carried this over from another topic.

So you have a 10 year GC and the problem is that CBP will ask you how long you have been out of the US and then will pull your GC and/or turn you away because you were gone for too long...

Taking care of your family is not a good excuse, unfortunately. You could try pleading with the US embassy, but your chances are not very good. Your mom could petition you (if she became a US citizen), but it would take years...

So, do you think applying for SB-1 is a wasting my time without some medical prove that my child or wife were seriously ill?

[Penguin_ie 5,986]

I think so, yes. As mentioned, looking after your family is not enough unless there was a emergency medical need, which you did not state. They would expect you to find a job in the USA, not abroad, so the financial issue does not count.

However, considering your situation, you really have nothing to loose (other than the filing fee for SB-1; not sure how much that is).

[Andrey_san 0]

I think so, yes. As mentioned, looking after your family is not enough unless there was a emergency medical need, which you did not state. They would expect you to find a job in the USA, not abroad, so the financial issue does not count.

However, considering your situation, you really have nothing to loose (other than the filing fee for SB-1; not sure how much that is).

I've just realized that I've had a problems with my heart, which is stated in my military ID. I can take some documents from the medical office which set this diagnosis.

Can this count?

[Penguin_ie 5,986]

No, because the USA has excellent medical care- if anything, this would be more reason that you should have stayed in the USA. The only way the heart issue would count is if you can get a (credible) expert doctor in your country to write a letter saying due to the heart problem you were unable to travel back to the USA.

[Andrey_san 0]

No, because the USA has excellent medical care- if anything, this would be more reason that you should have stayed in the USA. The only way the heart issue would count is if you can get a (credible) expert doctor in your country to write a letter saying due to the heart problem you were unable to travel back to the USA.

That's bad than. Because my heart problem was not so serious and it seems to have disappeared so far.

So the only way remains: get new passport and when officer on the border asks me "how long have you been outside the US" I answer "two month, come just to change my expired passport". But this is not legal.

[Penguin_ie 5,986]

Yes and not only is it illegal, you will get banned for life when they find out. And they will find out, it's all in the computer.

Try the SB-1. Your chances of success are small, but it;s your only chance other than your mom petitioning or the DV lottery, both of which will take years.

[Andrey_san 0]

Yes and not only is it illegal, you will get banned for life when they find out. And they will find out, it's all in the computer.

Try the SB-1. Your chances of success are small, but it;s your only chance other than your mom petitioning or the DV lottery, both of which will take years.

I see... Will try SB-1, definitely.

Thank you for your suggestions, they were really useful!

Edited August 15, 2011 by Andrey_san

[JimVaPhuong 4,863]

Let's skip past all of the "what if" scenarios, and get down to the facts. What is the REAL reason you did not return to the United States? The reason must have been unexpected at the time you left the US, and beyond your control. You also must have intended to return to the US within a year at the time you left, and that intent must not have changed since you left; i.e., that your absence was intended to be temporary. If you can prove these things to the satisfaction of a consular officer then you'll get an SB-1 visa.

Coming back to the US without a returning resident visa is risky and tricky to accomplish. CBP will likely pull you into secondary inspection and try to persuade you to sign an I-407. They'll probably try to convince you that signing an I-407 is the only way you can get your green card reinstated. In actuality, signing the I-407 would mean you'd be abandoning your permanent resident status. That would be a prerequisite if you were going to pursue another immigrant visa. Since you didn't immigrate originally based on a family petition, you'd have no basis to apply for a new immigrant visa. You can try to talk CBP into paroling you into the US so that you can appeal your abandonment case with an immigration judge. They may grant you parole, and they may not.

I agree with rika. Your attorney may be suggesting you take this route because he will collect some serious fees for representing you in immigration court. You might never make it to immigration court. CBP holds all the cards in this game.

[NigeriaorBust 4,087]

You mother won the DV lottery, has she ever become a USC and how old were you when/if she did ? What country are you coming from ?