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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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  • #16
    You cannot apply for a reentry permit outside the U.S. USCIS has no input on this issue. It is one for CBP.

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    • #17
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">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. </div></BLOCKQUOTE>

      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.

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      • #18
        u came back and complied just talk to them and expalin then case ok
        Regards and thanks,
        Mary Josephine :-)

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        • #19
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SAMMY:
          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. </div></BLOCKQUOTE>

          Many things have been said and I agree with most of them. I need to comment the above. To the best of my knowledge, the main issue is NOT how long one has stayed outside the USA (providing it is less than a year at the time, or less tha 2 years with re-entry permit). When determining whether has a person abandoned his/her US residency, the intention is important: was this move to Italy TEMPORARY or bridgeusa moved permanently and now changed her mind.

          bridgeusa, you have some evidence that you ALWAYS planned (kept your car) to return and worked on it (applying for jobs). It just took a little longer than expected... On the other hand, you should have filed USA taxes!!

          I agree that you should try to take this final trip to USA ASAP.

          Comment


          • #20
            Since the OP is discussing the wisdom of a fourth entry to the USA since her departure in 2005, then, clearly much of this information below does not pertain.
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">US officials at the port of entry used to have a blink eye on this kind of situation until 3-4 yrs ago, but this is not the case anymore. If a LPR returns to the US after staying aborad for 6 months or more then it's very much possible s/he would be questioned if s/he has abandoned his/her US residency. And that's where all proofs of having ties to US comes in the picture ALONG WITH a reasonable reason as to why LPR stayed abroad for so long. But when LPR stayed outside the US for that long and that many years then it's not a rocket science to know where LPR was actually residing all this time.
            </div></BLOCKQUOTE>
            The second entry was executed after the OP had been outside the USA for more than a year, and the third entry more than a year later...all without re-entry permits and all appeared not to trigger any suspicion as to abandonment of PR. In other words, they were all a blink of eye entries....<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SAMMY:
            I just don't understand why it's so hard for people to see the REAL problem/issue here. Let me say again very clearly-OP has ONLY one problem which is whether or not she will be allowed back into the United States upon returning from Italy. That is. There is no any other issue here at this time.

            For OP and others to talk anything about Re-entry visa, Re-entry Permit, and Visa Waiver Privilege is completely a waste of time being irrelevant to OP's situation. Why? Because OP does have a valid green card/Permanent Resident Status to get back to US shores since her green card hasn't been terminated yet nor she has stayed one full year outside the US for her green card to be automatically voided. So, there is no need to talk about Re-entry visa, Re-entry Permit or Visa Waiver Privilage at this time. Besides, she is not eligible to obtain any of these yet. Why? Because-

            (1) Re-entry Permit must be filed before leaving the US and in the US, and applicants for Re-entry permit must be fingerprinted as per new rules from March of this year. Departing the US before biometrics for re-entry permit is an automatic denial. So, this doesn't applicable in OP's situation. If OP had obtained a re-entry permit before departing the US, she wouldn't be on this board by having no problem at all.

            (2) Re-entry Visa is sought out only when applicant has lived outside the US for more than a year or if applicant is already outside the US and plan to stay there more than a year. In another word, re-entry visa is sought out only when green card is no loger valid to return back to the US due to abandonment of permanent residency. Plus, applicant must need to prove that his/her stay outside the US was protracted...meaning it was caused by reasons beyond his/her control and for which s/he was not responsible. OP doesn't meet none of the basic requirements to be eligible for re-entry visa. So, this is ruled out too. If OP had stayed for one full year outside the US then re-entry visa comes in the picture to get back her US permanent status to live in the US.

            (3) Visa Waiver Privilage cannot be used at this time because OP is still a US legal Permanent reisdent since her green card hasn't been terminated yet. Visa Waiver Privilage is used by temporary visitors, and not by US legal permanent residents or US citizens. So, this is also not applicable in OP's situaiton. If OP's green card terminates then she could use her visa waiver privilage to enter into the United States but only for temporary stay and not to live here. But OP is seeking to move back here. So, this option is definitely out of question.

            Thus, the issue is not what kind of permit/visa OP should have to get back to the US because she already has a valid green card to get back to the US; but the problem is-whether or not she would be allowed back into the US upon returning. And the answer to this question nobody knows. But based upon my knowledge and practice on immigration laws, I said it earlier that it would totally depend on her luck if she will be allowed back into the country this time because things don't loook good for her at this time given she has been living outside the US since 2005 and only "visited" 4 times to US since then.

            blah, blah, blah................. </div></BLOCKQUOTE>

            Comment


            • #21
              Couple of major comments that are simply wrong.

              You can not lose your PR by being out of the country for more than 1 year.

              The PoE do not determine your status, nor the US government, its down to a Judge.

              The worst case would be that the PoE would take the mater up, I have yet to hear of someone being held, and an IJ making the determination.

              Entering on the VWP would weaken the case, PR's are required to enter as PR's.

              Comment


              • #22
                You have abandoned your legal permanent residence. You need to apply for an SB-1.

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