ROC inquiry (?) (split thread)

[Laurenlb 0]

Hi, I filled a 751 form on April 2013 and I had biometric and an interview done already. Now I'm outside the country and cannot go back to US. I did filed a returning visa to US embassy and I haven't got the answers yet. Please help me what should I do to get me back to US, cause my daughter who is a citizen has to go back to school. Thank you kindly

[Pitaya 2,577]

Hi, I filled a 751 form on April 2013 and I had biometric and an interview done already. Now I'm outside the country and cannot go back to US. I did filed a returning visa to US embassy and I haven't got the answers yet. Please help me what should I do to get me back to US, cause my daughter who is a citizen has to go back to school. Thank you kindly

Please provide more information so that members can attempt to provide you with some appropriate responses.

What was the outcome of the [ROC] interview that you had done already? Did you receive a 10-year Green Card? What type of "returning visa" did you file with the US embassy? How old is your daughter, who is a [uS] citizen, that has to go back to school?

[Laurenlb 0]

After the interview the officer said he will let me know, but that was 2 years ago. I haven't get my 10 years green card yet. Every time I check my case, the answer still pending. When I called about what is going on to USCIS customer service, they said just go to the embassy to get a returning visa. When I asked for returning visa, they made me to fill out a form I 90 and after I called them to check the status of my application, they said they doing administration process with USCIS, this is past 2 months already. My daughter, she's 7 years old now. She only have me. Her dad and I been separated since she's 2 years old, we have a join custody. Please help me. Thank you

[NikLR 13,232]

How long have you been outside the country and why were you gone? Where you seriously unable to return (denied entry etc?)

[Laurenlb 0]

I went on June 14, 2015 and tried to go back to US on August 18, 2015. I have family matter, the airline the one not let me aboard at that time. I haven't get the answer from embassy or even USCIS. My husband already went to the USCIS on August and they told him to ask for returning visa at the embassy. Thank you

[Starkilla09 366]

Hi, I filled a 751 form on April 2013 and I had biometric and an interview done already. Now I'm outside the country and cannot go back to US. I did filed a returning visa to US embassy and I haven't got the answers yet. Please help me what should I do to get me back to US, cause my daughter who is a citizen has to go back to school. Thank you kindly

When you applied for ROC in 2013 didn't USCIS issue you a notice of action was supposed to be sent to you which is extends the validity of your residency for 1 year so you can travel while you wait for removal of conditions. Did you purposely stay out of the U.S. longer than 1 year? If you you should've applied for a re-entry permit before departing.

[Laurenlb 0]

I got the NOA but is already exp a year ago. I don't know why I haven't heard anything back yet.

[newacct 688]

I went on June 14, 2015 and tried to go back to US on August 18, 2015. I have family matter, the airline the one not let me aboard at that time. I haven't get the answer from embassy or even USCIS. My husband already went to the USCIS on August and they told him to ask for returning visa at the embassy. Thank you

So your ROC has been pending for 2 years? And when you applied, the receipt served as an extension of proof of permanent residency for 1 year, but after it was pending for more than 1 year, you never asked USCIS for an I-551 stamp? And you left the US a few months ago without having any proof of permanent residency on you? You should have gotten an I-551 stamp before you left to save you from all this trouble.

At this point, I think you have no choice but to wait for the consulate to issue you an SB-1 returning resident visa.

If you are in a country with US preclearance facilities, you could try to fly to the US through such an airport and see if CBP will let you through, though it's risky; if you go through preclearance you don't have to worry about the airline not letting you board.

[Laurenlb 0]

What country does have a preclearance. I'm gonna take anything to get me back to US as long as legal. Thank you

[NikLR 13,232]

Some airlines won't let people board without proof they are legally entering. Very few countries like Canada, have preclearance so I dont think that is the OP's issue.

I agree that you shouldn't have left without the stamp and you shouldn't have been waiting 2 years for your ROC.

At this point you're going to have to see if you can get the US consulate or embassy to either give you a returning resident visa or stamp your passport to allow you to return.

http://travel.state.gov/content/visas/en/immigrate/returning-residents.html

Edited November 18, 2015 by NLR

[NikLR 13,232]

You already had a ROC interview so I kinda doubt they haven't made a decision. I jhst noticed it wss a waiver as well.

Still at this point your only option is an SB1 I think.

Edited November 18, 2015 by NLR

[Laurenlb 0]

What is SB1 means

[NikLR 13,232]

http://travel.state.gov/content/visas/en/immigrate/returning-residents.html

[Laurenlb 0]

I went to US embassy and had an interview but they told me to fill out I 90. I didn't realize until you guys told me about the DS117 to returning resident visa. What should I do, please help me. Thank you

[newacct 688]

I am not sure why they would ask you to fill out I-90. I-90 doesn't apply to your situation at all. I-90 is to replace a lost green card, or renew an expiring 10-year card. You didn't lose your green card. You are in the middle of Removal of Conditions and you are not supposed to have a valid plastic green card during this time. None of the application types on the I-90 apply to you. (Plus, I-90 cannot be filed from outside the US. But my point is, even when you return to the US, I-90 does not apply to you.)

Edited November 19, 2015 by newacct