filing I-751 outside US ,is it possible?

[amgadmostafa 0]

I have a cr1 visa (conditional residency)I traveled outside the U.S on May 2010 to take care of my sick father who died on August of the same year and since then i was taking care of my mother& I had a pending case of inheritance which is still in the court , then the revolution started in the country and ,and now I need to file the I-751 to remove the condition

what i am asking about is

1- can i file the I-751 in the american embassy??

if not how can i get back to file in the US specially that I have been out the US for more than a year because of the situations of my diseased father,the case in the court,and the revolution

2-what happened here to me considered an execuse ??

Many thanks

Amgad

[Diazy 10]

1. no

2. I don't know

[Anh map 2,098]

You may have abandoned your LPR status meaning that your US citizen spouse may have to file another visa petition for you.

You should go to the embassy and find out what your current status and options are.

Edited July 26, 2011 by Anh map

[Brit Abroad 166]

Did you apply for a reentry permit before you left? Did you file taxes for the year of your absence?

Taken from the USCIS website:-

Abandoning Permanent Resident Status

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 United States for more than 1 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 United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a "nonimmigrant" on your tax returns

Edited July 26, 2011 by Brit Abroad

[Brit Abroad 166]

However, VisaLaw has this to say:-

Absences from the US of more than six months raise a rebuttable presumption that an individual intends to abandon permanent resident status, and absences of more than one year invalidate the green card as an entry document unless the person holds a valid re-entry document. This means that a foreign national who has been continuously abroad for more than 12 months may still be a permanent resident, but a special immigrant visa issued by a US consul may be necessary to re-enter the US unless the individual has a valid re-entry permit.

As Anh map says ... speak to the Embassy about your situation. If your circumstances are well documented, you may be in a position to apply for the special immigrant visa.

Edited July 26, 2011 by Brit Abroad

[amgadmostafa 0]

thanks all for your quick reply,the thing is that when i traveled out of the US I didnt thought that my dad will die and i will be responsible to finish the legal procedures concerning his death otherwise I would have applied for the re entry permit ,so I think what happened wasnt planned to be then my mother sickness then the egyptian revolution also during the revolution in egypt the US embassy stopped its activity for more than a month ,i can give documentation for all of this except the revolution for sure,

do i have to return before the green card expire or this special visa could be enough

do u think this could be an execuse? my wife filed the taxes for me.

i can also bring a documentation that i am not socially insured here in egypt for the whole period i stayed here

which means that i am not working for the whole period

many thanks for your concern

[Brother Hesekiel 2,236]

You cannot file the I-751 from abroad and there's no point in removing the conditions of your residency as you are not a resident anymore.

You have been absent from the US for over a year and thus have abandoned your US residency. Why you did it may matter to you, but it doesn't matter to Uncle Sam. I know plenty of people whose parents died while they were in the US--and I was one of them--but chose to stay in the US rather than jeopardizing their status. You made a choice and if you feel good about it then you need to look at your options. You can't change the past but you can influence the future.

Luckily, there is a viable option for you, and it's called the SB-1 visa, commonly called the returning resident visa. Since you did not anticipate to be away for so long, you can make a case that you did not intent to abandon your residency. You therefore apply for an SB-1 at the US consulate in Egypt. I'm fairly sure it will be approved, especially in light of the political events of the past. The SB-1 is basically a visa that allows you to travel to the US with the explicit permission to adjust status. Once that's done you'll get a 10-year Green Card, which is exactly what you would get if you were to file the I-751. So it does cost you a bit more money, but the end result is the same.