...Now I am preparing to come back to the US. Problem:
left the US on June 2005, from that date I came to the US 4 times, alone, for job interviews and I stayd about two weeks at time.
Question:
since I could not stay outside the US for more than one year but I came to the US 4 time would this apply to my case? what can I do? I have a Job opportunity in Tallahasse, fl. Should I just come to the US or I should worry that at the port of entry in the US they will take My green card?
PLEASE HELP ME, I what my kids to finish schools in the US, and since I am their only tutor (authorized by a Judge) I feel responsible for their future!!!

Hi Bridgeusa,

Wecome.

Take a look at this link.

Thank you, I have looked at the link.
Question:
since on october 15 2008 it will be one year that I am outside the US, should I go to the American Embassy in Rome to request a Reentry permit even if I did not stay more than one year ouside the US?
I need to make a decision soon because high school start on september 3rd and I prefer that my children do not lose to many days of school.
Please, I need an advice.

You are confounding the requirement to have appropriate documentation to enter the country, with the requirement to preserve residency. Technically, if you have not been out of the country for a year, on the date you attempt to re-enter, then no re-entry permit is required. That does not necessarily mean that during your absence, USCIS has not already determined that you have abandoned your residency.

What proofs of preservation of your residency do you have?

quote:

Originally posted by bridgeusa:
Thank you, I have looked at the link.
Question:
since on october 15 2008 it will be one year that I am outside the US, should I go to the American Embassy in Rome to request a Reentry permit even if I did not stay more than one year ouside the US?
I need to make a decision soon because high school start on september 3rd and I prefer that my children do not lose to many days of school.
Please, I need an advice.

Not Enough Info Given? To see a Problem???? Followed The Rules And Paper Trail! 3 USC Children?? Less Than 1 Year Away! Current Visa's And passports? Tutor? authorized By Judge Of USA? Timeline Appears Ok???? Where Is The Problem?????

The proofs that I can think of are:
-I still have my car in the US with insurance still up to date.
-I have a job waiting for me
-My two boys can't wait to get back to school in the US!
-I ALSO CAN'T WAIT GET BACK!

quote:

Originally posted by bridgeusa:
The proofs that I can think of are:
-I still have my car in the US with insurance still up to date.
-I have a job waiting for me
-My two boys can't wait to get back to school in the US!
-I ALSO CAN'T WAIT GET BACK!

School records, Lease, mortgage, rent, bills, mail, Car registered a plus, Accounts of any kind here In US. Always keep whatever you Have readily available. And the obvious passport, visa, GC etc. drivers license. I personaly Dont see an issue as long as you Return Before 1 year deadline. couple weeks as Buffer nice! . Childrens SS. etc. Keep checking Back, I dont see issue. Maybe others????

Bridge,

Staying outside the US contineously for one full year will automatically void the green card (legal permanent residency), but it's not the case with you because you have made 4 trips to US since 2005, and I assume at least one trip each year since 2005.

However, USCIS can very much refuse an entry to you at the port of entry at this time when you will try to return by revoking your green card and would place you in front of immigration judge. Why? Because as per immigration laws USCIS can and do revoke the permanent residency of an alien if s/he is deemed to have abandoned his/her residency by not living in the United States for most of the time, which is seemed apparent in your case given you have been living in Italy during all these years since 2005 and have only "visited" in the US for only 4 times since 2005. USCIS normally don't care when this happens one or two times for a reasonable reason like having a medical reason or a court battle outside the US, but they don't normally excuse when it's apparent that an alien is not living here.

As to re-entry visa then here must be a reason to request a re-entry visa. And it's not about obtaining a re-entering visa anymore; instead it's about preserving/saving your green card which is on the verge of cancellation because of you not being a resident in the US regardless of whatever reason you might have been staying outside the US.

Be noted that a green card is given to live in the United States and not to live outside the US. And it's illegal and a violation of immigration law to use an immigrant visa (green card) for non-immigrant purpose (like visiting and temporary stay) which you have done previously by visiting temporary here on your green card. You should have asked these questions in 2005 when you decided to live in Italy than now. I understand why you want to come back and other reasoning, but it's not about why you want to come back to the United States; rather it's now about how you could be able to enter back to the United States on a green card. Honestly, now it's totally up to your luck or upon the mistake of the officer at the port of entery who might overlook the fact here to allow you back into the US.

Good luck...

At this point I do not know what to do, I already give notice to my landlord that I will be out of the house by the end of september. I think I should try to getr an appointment at the american embassy in rome and hope to get the entry permit. Or, even if I do not prefer to do it, get in the us with a visa waiver and once I am in get a lawyer and try to solve the issue. it seems that thare are no clear rules about my situation. Please, I need help, before I make the wrong move and I don't have much time left.

Do you have a permanent address in the USA? Did you notify USCIS, by way of an AR-11, that you were residing in Italy during the past 3 years? If so, what reason did you offer? Or, did you leave the USA without filing an AR-11?

What about income taxes? Did you file US taxes while you were working in Italy? These are the elements that will help to show your intent to maintain the USA as your permanent homeland.

quote:

Originally posted by bridgeusa:
The proofs that I can think of are:
-I still have my car in the US with insurance still up to date.
-I have a job waiting for me
-My two boys can't wait to get back to school in the US!
-I ALSO CAN'T WAIT GET BACK!

Bridge,

You don't have any choice at this time except to use your green card to return back to the United States. Why? Because-(1) you cannot use Visa Waiver privilege anymore to enter into the United States because you are still a US legal permanent resident (a green card holder) and a determination to revoke your permanent residency has not been made yet. (2) You are not qualifed for the re-entry visa because you haven't been outside the US for one full year yet so to say that your green card is no more good, nor your green card has been terminated yet. In order to qualify for re-entry visa from abroad, a LPR must have been living at abroad for more than one year or would live live there more than a year. Also, there are other more criteria which must be met in order to be eligible for the re-entry visa. Check these sites for such information-

http://www.state.gov/documents/organization/79962.pdf

http://www.foreignborn.com/visas_imm/entering_us/12returning-residentalien.htm


Filing the form AR 11 is not the issue here nor it matters anymore because if you have filed that form informing USCIS that you are living in Italy for that long, they would have already questioned your residency status. Plus, all the documents and reasonings to show now about your ties in the US like having tax-returns, family, social and other stuffs means nothing at this point because it's very apparent based upon facts/evidences on the record that you have been living in Italy all these years and only "visited' here for a week or two at a time at most. So now whatever you say and present to INS to prove your intent and ties with the United States, it wouldn't prove otherwise because fact/evidence is very clear that you have been living in Italy all this time than in the US. And as I said before that a green card is given to live in the US, and not to live at abroad. Also, it's a violation of immigration law to use an immigrant visa (green card) for non-immigrant purpose like visit and temporary kind of stay.

If you had not lived at abroad for so long and if your staying at abroad had not occurred this many times, then it wouldn't have been the problem so long you could show evidences about your ties to the US to the officer at the port of entry if officer would question you for abandoning US residency. But now game is totally different when fact and evidence is very clear on the record beyond the doubt that you have been living in abroad for that long which is more than enough for the officer (and even immigration judge) to make a determination that you have abandoned your residency.

Nevertheless, your green card is not revoked yet. That means you must return back to the US before October; otherwise your green card will automatically be voided. And only then you may seek a re-entry visa at US consulate in Italy, but given your situations you are not eligible for it. So just come back here before October and take it from there. If the officer at the port of entry will pay a close attention to the fact that you have been living in Italy all this time then s/he will refuse an entry to you and would place you in front of an immigration judge. Then it's up the immigration judge to decide your immigration-fate; otherwise it will be just your luck if you don't face any problem at the port of entry upon returning. But you don't have any other option at this time than just using your green card to get back into the US.

Good luck...

No, I did non file a AR-11 because I had no idea that would take so long to get a job again, even if I came in the US 4 times for jobs interviews.
No, I did not file uS taxes while I was in Italy, beside I had only temporary jobs in Italy and I was able to move on thanks to my sister that she let me stay at her house for some time while I was unemployed. I fear is that I will not be able to let my children finish their study in the US because of me and I don't think that they will forgive me for it. AMERICA GIVE ME MANY OPPORTUNITIES DURING MY ALMOST 15 YEARS OF RESIDENCY AND I WISH NOT TO CHEAT ON THE COUNTRY THAT WAS NICE TO ME AND MY FAMILY. I am in a very difficult situation and at this point I feel that I have to do what ever it takes to get in the US to give the opportunity to my american children to be in their country. Help.

Hi bridgeusa,

Swissnut and Sammy had been very helpful to you. Let's hope for the best especially for the sake of the children when you use your GC in returning back here.

You have not lived in the U.S. since 2005. You visited only for job interviews. Did you file income tax returns as a resident?

In any event you have effectively abandoned your residence. A legal permanent resident must reside in the U.S. unless you have applied for and obtained permission to live outside the U.S. unless you are in the employ of the US Government. The number of USC children you have or the number of visits you make to the U.S., you are not resident in the U.S.

At a port of entry Customs and Border Protection will set you up for removal proceedings if you return. You, of course, can lie to the CBP Officer when you return, but if they notice that you are living outside the U.S., such as having a passport issued outside the U.S. or through entries in TECS or on your passport, then you may be charged criminally as well as charged with fraud in removal proceedings.

You should have obtained a Re-Entry Permit before leaving. It sounds like you never intended to return.

However, you can apply again for permanent residence at a US embassy or consulate, SB-1 I believe.

By the way, Sammy and the other posters who mentioned USCIS are wrong. CPB deals with arriving aliens and either admits them or places them in removal proceedings.

Yes, of course CBP mans the POEs, but USCIS woudld have been the appropriate department to apply for a re-entry permit and to make a change of address.

OP, it occured to me now that you went to Italy because you lost your US job, and could live there more economically (with family) while you performed your US job search. Is that right?

quote:

Originally posted by federale86:
By the way, Sammy and the other posters who mentioned USCIS are wrong. CPB deals with arriving aliens and either admits them or places them in removal proceedings.

You cannot apply for a reentry permit outside the U.S. USCIS has no input on this issue. It is one for CBP.

quote:

Originally posted by federale86:
You have not lived in the U.S. since 2005. You visited only for job interviews. Did you file income tax returns as a resident?

In any event you have effectively abandoned your residence. A legal permanent resident must reside in the U.S. unless you have applied for and obtained permission to live outside the U.S. unless you are in the employ of the US Government. The number of USC children you have or the number of visits you make to the U.S., you are not resident in the U.S.

At a port of entry Customs and Border Protection will set you up for removal proceedings if you return. You, of course, can lie to the CBP Officer when you return, but if they notice that you are living outside the U.S., such as having a passport issued outside the U.S. or through entries in TECS or on your passport, then you may be charged criminally as well as charged with fraud in removal proceedings.

You should have obtained a Re-Entry Permit before leaving. It sounds like you never intended to return.

However, you can apply again for permanent residence at a US embassy or consulate, SB-1 I believe.

Welcome to the forum federalas and your valuable input

to further clarify:


Returning Resident (SB-1) Visa

If you are a lawful permanent resident and you are unable to return to the United States within the travel validity period of a Permanent Resident Card (one year), or a Reentry Permit (two years), you may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for this status, you must show that:

You were a lawful permanent resident when you departed the United States;

When you departed, you intended to return to the United States and you have maintained this intent;

You are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond your control and for which you were not responsible; and

You are eligible for the immigrant visa in all other respects.

If you wish to apply for a Returning Resident (SB-1) visa, you should contact the nearest consular office well in advance of you intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that you have given up your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis by which you immigrated originally, if that is possible.



BTW.. Swiss and Sammy are both very well aware of the technicalities that you point out in regards to CBP, POE and uscis. We just try to keep it simple for the posters understanding of matters rather than compound to some poster's confusion.

u came back and complied just talk to them and expalin then case ok