Green card & divorce

[KTMMAN(non compus mentis) 0]

Ok this is my situation, yes I know I have posted about this before but there is something else I need help on, I moved to the states in Nov 06 and got my card in June of 07, then a few months after that we decided that the marrige was not going to work for various reasons and we thought that divorce was the best option, now I had a good job and was in two minds whether to stay or come back to the UK, I choose the latter after realising that I had most of my friends over there so I left and reurned in Feb of this year, so my questions are first off as my card does not expire until June 09 could I reurn to the US on it and if so would I gain entry or be refused due to the fact that I am divorced also can I reapply for my 10 year card even though I am no longer resideing in the US although I am considering returning there as I have been told that my former employer will hold my job open for me, secondly if my card expires and I wish to return to after that what options do I have, let me add at this stage that I had to do 601 waiver as well, also we got married in Canada so all my stuff was done through the Vancouver consulate, not that straight forward so I need some assistance thanks.

[dale7570 0]

Ok this is my situation, yes I know I have posted about this before but there is something else I need help on, I moved to the states in Nov 06 and got my card in June of 07, then a few months after that we decided that the marrige was not going to work for various reasons and we thought that divorce was the best option, now I had a good job and was in two minds whether to stay or come back to the UK, I choose the latter after realising that I had most of my friends over there so I left and reurned in Feb of this year, so my questions are first off as my card does not expire until June 09 could I reurn to the US on it and if so would I gain entry or be refused due to the fact that I am divorced also can I reapply for my 10 year card even though I am no longer resideing in the US although I am considering returning there as I have been told that my former employer will hold my job open for me, secondly if my card expires and I wish to return to after that what options do I have, let me add at this stage that I had to do 601 waiver as well, also we got married in Canada so all my stuff was done through the Vancouver consulate, not that straight forward so I need some assistance thanks.

wow, your situation is complex. the only help i can offer you is that yes you should be able to return to the usa on your 2 year green card provided you return within 1 year of your departure. if you have been out of the country longer than 1 year you will need a re-entry permit. as far as getting your 10 year green card maybe someone else can chime in.

[Reba 2]

Once you have left the US to permanently reside in another country, your green card status can (and most likely will be) revoked, regardless of the expiration date.

I would doubt that because you've left that you'd be able to come back and remove conditions and apply for a 10 year card.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

From USCIS website

[Nanusia & Lukaszek 0]

You can not apply for your 10 yr GC because you are divorced. If you've been gone for longer than a yr, you need a re-entry permit. If you are coming back to work for an employer, then they need to sponsor your next GC (or a visa in the interim if your current GC will not be valid).