what producer he has to fallow in order to get 2nd time Green card

[worldguy 0]

Please advice us, I have American and British citizenship and living with my husband and kids in London, England, My husband had conditional green card which had expired while we were living in London, later on we went to USA for holiday and he has returned his GC to airport Immigration and entered in USA on his British passport.

Question is now we want to move in USA what producer he has to fallow in order to get Green card should he has to apply I – 130 in London or is there any other way????

Thanks in advance for your kind help.

Edited October 5, 2009 by worldguy

[worldguy 0]

*Procedure (producer)

[Darnell 8,479]

If they made him return his GC at a POE, then I'm guessing USCIS views his status as 'abandoning the PR status', even though the GC was expired prior to entering the POE.

But that's just a guess.

If indeed that's the case - YOU will need to file a new I-130 on his behalf, either stateside to the Chicago lockbox OR as a DCF'd I-130 to London.

But that's just my opinion. Hopefully others will chime in here.

There's a 'residency requirement' to MAINTAIN a GC, IMO, he decided to not meet the residency requirement.

Edited October 5, 2009 by Darnell

[Rings 10]

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.

[Otto 83]

Question is now we want to move in USA what producer he has to fallow in order to get Green card should he has to apply I – 130 in London or is there any other way????

You'll be starting over - best path is to follow the DCF Guide .

[Chica Yeyé 41]

Indeed, he is no longer a permanent resident. When you are getting ready to move back to the US and reside permanently here; you will have to file another I-130 directly in London.