Left US mid way through process due to family crisis

[Stann 3]

Hi all,

I left the US a year ago - I had a 3 year green card and was able to apply to lift conditions and get the 10 year green card in about November 2007 (I left in August 07). At first I was just visiting for a few weeks to take care of a sick relative, however my stay has gone on and on and I am still here a year later. I never filed any paper work when i left as at the time it was just going to be for about 6 weeks. Unfortunately I have still have no idea when I will be returning to the US as there is no one else to take care of my relative (his only carer passed away hence the longer stay). My husband has now got employment here and is going through the British immigration system as we now think due to the situation with my relative we will be here for some years to come.

Have I 'abandoned' my immigration status as my 3 year green card has now expired?

Can I ever go back to live in a few years?

Will I have to start the immigration process over or have I totally blown it forever?

Will they let me in for a holiday to visit my husbands family?

Should I admit everything on the way into the US for a holiday or should I just act as normal tourist that has never had visa etc???

My husband is really upset with me for letting it go this far - it was just so up in the air with my relative that I kind of buried my head in the sand (I know I have been stupid) and I am now really scared they will never let me back in, even for a holiday.

Any advice greatfully recieved, thank you

S

[Mrs_S 0]

I would recommend going to the nearest US Consulate with your husband and asking them in order to get the best advice.

You typically need a re-entry permit for extended absences from the US, but since you left for a family emergency, you didn't really have time to apply for one. Take documentation of the family emergency with you to the Consulate.

[Chica Yeyé 41]

Indeed contact the nearest Consulate as soon as possible, as it seems you have abandoned residency.

If you do go to the US, do not lie at the Port of Entry.-- Remember your name and passport will indicate you are an immigrant (database); and besides it is never a good idea to lie to these folks.

Good luck,

[*JG* 2]

So, did you receive the 10 year green card yet or not?

I agree with going to the consulate. They should be able to fix it as it is a unique situation. I would take some kind of documentation as to the nature of the emergency. The only problem you might then have is the continuous residing in the US part if you were to want to file for naturalization.

[lucyrich 20]

So far, you've done absolutely nothing wrong. You can get back into the US, though depending on what route you take, it may take some time for the paperwork.

If you lie or omit a material fact (and the fact that you've got a husband in the US and have immigrated is probably a material fact) in order to gain admission, you'll subject yourself to a permanent bar on entry. DON'T DO THAT!

I'm not sure whether you have abandoned status or not. It sounds like you may have. But in the worst case, if you have, all it means is that you've got to start over and get a new immigrant or K-3 visa. If anything, the process should be easier this time, because you've already met all the admissibility criteria, you know what to expect, and your marriage is more than two years old, so you won't have to go through removal of conditions. Abandoning status isn't a permanent thing, and it's not at all a bar to future immigration.

[Stann 3]

So far, you've done absolutely nothing wrong. You can get back into the US, though depending on what route you take, it may take some time for the paperwork.

If you lie or omit a material fact (and the fact that you've got a husband in the US and have immigrated is probably a material fact) in order to gain admission, you'll subject yourself to a permanent bar on entry. DON'T DO THAT!

I'm not sure whether you have abandoned status or not. It sounds like you may have. But in the worst case, if you have, all it means is that you've got to start over and get a new immigrant or K-3 visa. If anything, the process should be easier this time, because you've already met all the admissibility criteria, you know what to expect, and your marriage is more than two years old, so you won't have to go through removal of conditions. Abandoning status isn't a permanent thing, and it's not at all a bar to future immigration.

Thank you so much for your reply - you have put my mind at rest that in the future I will be able to move back, THANK YOU, I understand I will be able to go through the K3 route in the future. What should I do in the meantime if I just want to visit for a holiday, will they give me a hard time?

Thank you again

S

[Chica Yeyé 41]

Have you contacted the consulate with your inquiry?

[diadromous mermaid 36]

I'd try for an SB-1.

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.

http://travel.state.gov/visa/immigrants/info/info_1333.html

[SomeGuy4186 0]

dont worry about it. i have a friend that went to dominican republic, and finished high school there(3 years) and he was still on his 10 year green card(dad petitioned for him when he was 7).

since he had been out for 3 years, he did need some paperwork, but him and his dad had it straightened out and he got in with no problems.

he just cant file for citizenship for another 3 years. other than that, no problems. i'd do what everyone else said and get to your embassy with documentation of family emergency.