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GREEN CARD SINCE 1989, 3 US KIDS, NEEDED TO GO BACK IN ITALY FOR JOB LOSS IN THE US..

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  • GREEN CARD SINCE 1989, 3 US KIDS, NEEDED TO GO BACK IN ITALY FOR JOB LOSS IN THE US..

    ...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!!!

  • #2
    ...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!!!

    Comment


    • #3
      Hi Bridgeusa,

      Wecome.

      Take a look at this link.

      Comment


      • #4
        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.

        Comment


        • #5
          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?<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>

          Comment


          • #6
            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?????
            USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

            Comment


            • #7
              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!

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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! </div></BLOCKQUOTE>

                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????
                USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                Comment


                • #9
                  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.

                  Comment


                  • #10
                    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.

                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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! </div></BLOCKQUOTE>

                    Comment


                    • #11
                      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.

                      Comment


                      • #12
                        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.
                        Do all the good you can, in all the ways you can, as long as ever you can.

                        --John Wesley

                        Comment


                        • #13
                          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.

                          Comment


                          • #14
                            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.

                            Comment


                            • #15
                              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?<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>

                              Comment

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