Nicolo Vito Nesta

I s there any possibility of checking my LPR status online, perhaps if there is any note on my green card indicating my prolonged absence?

I thank everyone for your suggestions and for your passion with which you try to convince me to come back. But I have to be realistic. If there is a small possibility of being blocked from entering the US I cannot overlook it. On the other hand, if the SB-1 visa exists, it is precisely to regularize these situations. If everyone arrives at the airport and pretends to enter, I don't understand what the SB-1 visa is for. And then I don't understand why there are immigration judges and some legislation on the matter. And sorry but I would not find one of you, at the entrance, cheering for me. I would find a CBP official who will try to do his job i.e. find any illegal LPR, i.e. me. My question now is whether to follow the SB-1 visa route, where I have to prove that I did not want to abandon my green card or abandon it and apply for a new one where I have to prove that I still have all the requirements to obtain it. The SB-1 visa would give me 2 years to enter while the I-130 visa only gives me 3 months. For now I don't have the job offer yet. I'm working on it. That's why I haven't left yet. For this reason the logic suggests me to try to get the SB-1 visa and in case I don't get it try again with the I-130. But it means double expenses. Lawyers cost a lot and do not give you certainty. Maybe if I can find a non-profit organization that can give me legal support. It could be an idea. Dogs do not quarantine. Last time I found them abandoned near the suitcase conveyor belt, alone as a package. They were terrified after the flight and all the noises without seeing us.

Hi, I am an LPR but have been out of the US for over 3 years. I have a family based visa as my wife is a US citizen. My Green Card will expire in 2029. Now we would like to go back to the US but I know very well that at the entrance the CBP staff will most likely will object because they will argue that I have abandoned my LPR status. My doubt now is whether to try the SB-1 visa route or submit the I-407 form, i.e. renounce the GC, and request a new petition with the Form I-130. I am familiar with the I-130 form as I applied it in 2018 when I got my Green Card. I have no experience with the SB-1 form but basically I would have to prove to the consulate that when I left the US I didn't intend to leave permanently the US. In all honesty, I don't have much to prove this: when I returned to Italy it was to stay there for a few months, I had sold my car and had left the apartment I had rented as it didn't seem appropriate to pay for several months without living there. All this seems to be abandonment. So my dilemma is now Form I-407 and then Form I-130 which I know well because already presented or SB-1 petition which I do not know but may be more simply but would allow me to return to the US within 2 years, but with uncertain times and few arguments in my favor. Anyone have experiences of this kind? Tips? Other users have suggested that I try to enter the US anyway as I cannot be rejected if I have a valid Green Card. It's all true. But I consulted with 2 immigration lawyers and they both advised me against this route because then I would have to prove to an immigration judge that I still wanted to return to the US. And that is the same problem I would have with the SB-1 visa. I don't want to enter the US with the doubt if they let me in or block me. I travel with my wife and 2 dogs in tow. If I were to be stuck at the airport even for a single day my wife would have great difficulty alone with luggage and the natural needs of my dogs. We have no one there who can help her. So I want to make sure I have what it takes. Nicolo

In other forum an user suggest me "You can apply a DS-117 petition with all your documentation and explanation that you have ties to the US and that your extended absence was for reasons outside your control" Is it correct?

Thanks again to those who have dedicated their time to my cause. In summary, I am always an LPR and only an immigration judge can make me lose this status. At the most, at customs they can keep my green card and send me to the court, always remaining in the US and with the all necessary time. So I'm thinking it would be a good idea to seek out a lawyer immigration attorney in New York, because I will arrive at JFK, in case CBP blocks me and causes trouble entering the US. Anyone have a name to suggest to me?

I'm a little more confused now. I have read many users who advise me to get on the plane without creating problems but others tell me what I have already read online, which is that when an LPR stays out of the United States for more than 180 consecutive days, CBP can deny you entry. how much could it claim that you have abandoned your US citizen satatus. This is my doubt: to enter without delay or to rely on the advice of an official body such as the consulate that issued me the visa? If I make this "jump" I coulfall badly.

First of all thanks all people that have spent time for my case. Yes I have an unexpired Green Card (IR1 Visa valid to 03/17/2029 and valid SSN). Yes, covid was a tragedy in Italy. For many months we have been allowed to leave the house only for work or to shop at the supermarket but only in our city and always one person per family. Almost a prison. I am lucky because I have two dogs and it was a good reason to leave the house a couple of times a day but always very close to my house and one at a time. It is my intention to explain this if anyone asks me why I was outside the US for 3 years. Now the situation is different. I'm waiting for the US company I worked for in the past to formalize a job offer for me. I found a house to rent so as not to be a burden on the welfare state. In addition, my wife is a US citizen with a US passport who can enter the US at any time. So refusing me would be like dividing our family. We don't have children But if there is only a little possibility that something go wrong I want to evaluate it in advance and solve it before leaving because I will leave my job and my home in Italy. Because when I will land in the US I will have nothing more in Italy. I would like to try to contact the US consulate in Italy and present my case. They know the Covid situation in Italy well over the last 3 years and their positive opinion would be reassuring for me. Maybe these my doubts are excessive and baseless but they don't let me sleep at night. Best regards

Hi I'm Italian. My wife has dual citizenship (she American because she was born in the USA and Italian from parents). We have been married since 1995. In 2019 we applied for an IR1 visa and got it. We moved to the United States in March and lived there until October 2019. Then we returned to Italy for family matters. But at the beginning of 2020 the Covid pandemic broke out in Italy and we were stuck here. We obviously lost our job in the United States. Fortunately, the situation is different now and we would like to return to the United States. We contacted the company we worked for previously to ask for our old job back and this is possible. But I know I've lived outside the United States for over a year. What can I do now? I have read about Form I-131 and would like to know how many chances I have of having this re-entry permit. Has anyone experienced these cases? Is there anything I could do that can help me? Regards