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

  1. #1
    ...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. #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!!!

  3. #3

  4. #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.

  5. #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>

  6. #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

  7. #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!

  8. #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

  9. #9
    Member
    Join Date
    Oct 2003
    Location
    East Hampton [Long Island], New York [USA]
    Posts
    812
    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...

  10. #10
    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.

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