SB1, reentry permit or try to go back?

[Stef88 2]

My husband is an american citizen. I obtained my green card in 2018 and already went through the process to remove the conditions. Although I already received the paper extension that allows me to travel, I am still waiting for the actual procedure to be completed. In this moment we are abroad. We left the USA the first time in June 2019. First to travel across Europe, then eventually to settle down in UK if I was able to be accepted for a master degree. We returned to the USA for two months during Christmas 2019. Then returned to the UK and I was finally accepted for a Master. Unfortunately I did not apply for a reentry permit. Now, because of the covid and of being pregnant I am not going to be able to fly back to the USA, making my leave longer than one year. I am not sure if I should try harder to go back to the USA, but only to stay there for a couple of weeks (which is not going to be seen very well by immigration services) and apply for a reentry permit (not sure I am going to make it on time even if I ask for expedited process), or directly wait to apply for my SB1. 

In case of a request of a reentry permit, do you think can I start the procedure from abroad? And then eventually be there for biometrics and interview?

In case of applying for a SB1, would that mean I need to go through all the medical examination again? Is the medical examination the same one they give you the first time for a GC?

thanks so much in advance

[milimelo 4,503]

You should probably give up the green card and have your husband re-petition you whenever you're fully ready to go back to the States. 

[Stef88 2]

Ok, first, how to I give up my green card? I also read somewhere that that actually doesn't look good for establishing you wanted to make USA your first residence, which is what we want to. We still have everything there, bank accounts, tax returns, storages, vehicle under our names that we pay registration for and of course family. 

When you say re-petion me, meaning applying for a whole new green cvard and start all over again? 

The first time was a nightmare, not sure I wanna do it again.

[Dashinka 24,598]

6 minutes ago, Stef88 said:

Ok, first, how to I give up my green card? I also read somewhere that that actually doesn't look good for establishing you wanted to make USA your first residence, which is what we want to. We still have everything there, bank accounts, tax returns, storages, vehicle under our names that we pay registration for and of course family. 

When you say re-petion me, meaning applying for a whole new green cvard and start all over again? 

The first time was a nightmare, not sure I wanna do it again.

How long will you and your spouse be outside the US for your Master's program (I am assuming your husband will stay with you during the program as you stated you planned to settle in the UK)?  As to abandoning your GC, you file the I407 at the consulate in the country (UK) you will be legally residing in.   

[Dashinka 24,598]

I would suggest you PM @Nitas_man as he has some good experience in the SB1 potential.  I do not know if this situation would be appropriate for an SB1, but that may be an option.

[Stef88 2]

Hello @Dashinka thank you for your answer. We will be out of the USA from now till middle of 2023. 

What are the benefits of giving up a green card?

[Dashinka 24,598]

3 minutes ago, Stef88 said:

Hello @Dashinka thank you for your answer. We will be out of the USA from now till middle of 2023. 

What are the benefits of giving up a green card?

This link provides some information.  In your case though it appears you do not plan to abandon your status permanently, and I assume your husband will register the birth abroad when your baby arrives.  After more thought it seems this may fall into the SB1 category, so at this point I would research that as much as possible.

 

https://www.nolo.com/legal-encyclopedia/how-voluntarily-abandon-lawful-permanent-residence-green-card.html

[Stef88 2]

7 minutes ago, Dashinka said:

This link provides some information.  In your case though it appears you do not plan to abandon your status permanently, and I assume your husband will register the birth abroad when your baby arrives.  After more thought it seems this may fall into the SB1 category, so at this point I would research that as much as possible.

 

https://www.nolo.com/legal-encyclopedia/how-voluntarily-abandon-lawful-permanent-residence-green-card.html

Ok thanks. I ll try to give it a look even if I already spent two entire days between this forum, uscis and all the embassy services, trying to figure out the best option for us. We defintely want to go back and can not wait. But I have been accepted for my master here and our baby is due in March (again is more convenient because a home birth is already planned, compared to the USA where will be very expensive). I don't want to give up my GC because we absolutely want to live there after my Master.

Edited October 28, 2020 by Stef88

[carmel34 3,639]

57 minutes ago, Stef88 said:

I don't want to give up my GC because we absolutely want to live there after my Master.

If your master's degree program in the UK goes until 2023, and your plan is to return to the US after your program ends, you will most likely be denied entry to the US for abandonment of LPR status.  A green card is for living in the US permanently, not for occasional visits.  Your best option is to file an I-407 now, then your USC husband can file a new petition for a spousal visa in 2021 or early 2022, that way your new visa would be ready by the time you are planning on moving back to the US.  Given all the time you have been together, you should have a relatively smooth process.  Good luck with your upcoming birth and master's program!

[Stef88 2]

4 hours ago, carmel34 said:

If your master's degree program in the UK goes until 2023, and your plan is to return to the US after your program ends, you will most likely be denied entry to the US for abandonment of LPR status.  A green card is for living in the US permanently, not for occasional visits.  Your best option is to file an I-407 now, then your USC husband can file a new petition for a spousal visa in 2021 or early 2022, that way your new visa would be ready by the time you are planning on moving back to the US.  Given all the time you have been together, you should have a relatively smooth process.  Good luck with your upcoming birth and master's program!

This is probably the best solution that I heard till now. I was not even thinking about the chance of applying for a spousal visa. I thought after the one year time my last resource was only the SB1. This sounds actually like something that could have much more success. 

On another note, by reading all around this forum, I found people suggesting to try to fly to the USA after the one year time, and deal with the immigration agent directly at POE. He can either sent you in front of an immigration judge or either just sign the passport and you can actually have chance to get away with it. I mean, considering the covid and the pregnancy, I might actually find somebody understanding the situation. I know it's a long shot, but it doesn't cost anything to try. Do you know anything about it? 

[carmel34 3,639]

You are correct that LPR status cannot be revoked by a CBP officer at a POE, only an immigration judge can do that.  However, a CBP officer can refuse entry if in their judgment, your LPR status has been abandoned because of being outside of the US for too long.  So if you try to enter the US after giving birth in March 2021, that would be more than a year away, you might be let in by a kind officer, but your post said that you plan on staying in the UK until 2023.  That would be very risky in my opinion, to wait that long.  If you decide to try it, fly to the US from Dublin or Shannon, they have CBP pre-clearance so you wouldn't have a long flight back if you're refused entry.  I recall one VJ member who was going to try entering the US after more than a year of living in another country, and his plan if refused entry at the POE was to ask for a hearing in front of an immigration judge (don't recall ever hearing back from him if it worked).  The problem with that approach is that you would still have to convince the immigration judge that you did not abandon your LPR status, and based on your post that would be very difficult to do, especially since you still have a conditional green card that expires this year.  To get an SB-1 approved, you have to send documentation that you could not return to the US within a year, due to circumstances beyond your control.  In your case, you could have returned to give birth and do a master's degree in the US, so I doubt that an SB-1 would be approved, but it's worth a try.  And as I said in my earlier reply, if none of these paths work out, you can start over with another spousal visa about a year and a half or more before your planned move back to the US.  Good luck!

Edited October 28, 2020 by carmel34

[HRQX 4,145]

9 hours ago, Dashinka said:

you file the I407 at the consulate in the country (UK) you will be legally residing in.   

No. It's filed at Eastern Forms Center unless it's "very rare circumstances": https://www.uscis.gov/news/alerts/uscis-will-no-longer-accept-i-407-at-international-field-offices

Release Date: 06/17/2019

Beginning July 1, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person.

Individuals who wish to voluntarily record abandonment of their lawful permanent resident (LPR) status must submit Form I-407 via mail to:

USCIS Eastern Forms Center
Attn: I-407 unit
124 Leroy Road
PO Box 567
Williston, VT 05495

[SalishSea 17,928]

11 hours ago, Stef88 said:

Hello @Dashinka thank you for your answer. We will be out of the USA from now till middle of 2023. 

What are the benefits of giving up a green card?

You cannot keep a GC and live abroad.  GC is for residing in the USA.  You will need to be re-petitioned for a spousal visa if you want to return to live in the US permanently.

[aaron2020 11,651]

Hi,

 

You can not file for a re-entry permit from abroad.  You must be in the US to apply for a re-entry permit.

 

Your chances of an SB-1 is nil.  It wasn't beyond your control to not return to the US.  There have been flights from the UK to the US, you choose not to take them.

 

If you show up in the US, CBP will let you in.  Whether they refer you to an immigration court for abandonment of your LPR status is unknown but probably a low chance.  The problem would be boarding a flight to the US since most airlines will not board an LPR who has been outside the US for more than a year.  If you can convince the airline to let you board, you have a fairly good chance of getting in without being referred for abandonment of your LPR status.  

Alternatively, you can file an I-407 with the US Embassy in London to abandon your green card.  Your husband would need to file a new I-130 and go through the entire process for you to get an immigration visa.  

Best of luck.

[aaron2020 11,651]

5 hours ago, Stef88 said:

This is probably the best solution that I heard till now. I was not even thinking about the chance of applying for a spousal visa. I thought after the one year time my last resource was only the SB1. This sounds actually like something that could have much more success. 

On another note, by reading all around this forum, I found people suggesting to try to fly to the USA after the one year time, and deal with the immigration agent directly at POE. He can either sent you in front of an immigration judge or either just sign the passport and you can actually have chance to get away with it. I mean, considering the covid and the pregnancy, I might actually find somebody understanding the situation. I know it's a long shot, but it doesn't cost anything to try. Do you know anything about it? 

You would be refused an SB-1 since you had ample opportunities to return to the US.  An SB-1 requires a situation outside of your control.  There have been flights from the UK to the US.  You choose not to fly back, so your chances of an SB-1 are zero.

Covid and pregnancy are not valid reasons to be outside the US for more than a year.  

 

You have two real choices.  Try to convince an airline to let you board and take your chances with CBP or file an I-407 to relinquish your LPR status and have your husband file a new I-130 to start the immigration process.