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Re-obtaining Green Card which I returned it in 2010???

By newjourney in General Immigration-Related Discussion

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newjourney Newbie

newjourney   0

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Filed: Lift. Cond. (apr) Timeline
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"Returning Resident Visa", can I file for this even if I returned my Green Card???

Well, It might not be possible to re-obtain my Green Card(GC) yet just to see if there is any way possible to get it back or re-apply for the GC without any additional sponsorship instead of getting the H-1B Visa for work.

I received my Green Card in 2004 through marriage. We got divorced and I had it till 2010 winter.

I came to S. Korea in 2009 because there were no job in US. I got a job in Seoul and couldn't go back to USA for 2 years due to the job. Does it consider "unforeseen and beyond my control"?

I knew my GC status was "Abandoned" category. I was going to quit the job in Seoul and preparing to go back to US but my father got a cancer and I had to stay in Korea just in a case... At that time, I decided to return my GC instead of having it "Abandoned" status which I regret it now...but not sure which is worse whether "Abandoned" or "Returned"...

My father got two different cancers one by one and miraculously recovered now. Now I feel comfortable to go back to USA. Also I realized that lived in USA for 15 years, it was very hard for me to adjust to Korea's work environment. I applied for jobs in US firms but without green card, it is even harder to get a job.

I read an article not long ago, if someone has a Masters degree from US schools, then eligible to apply for the GC.

I cannot find that article now, and could not find anything like that in USCIS website. Does anybody know is that true? I have a MA degree in 2000 from a graduate school in LA.

The other thing is that if I want my previous GC reactivated, then does it connected to my x-husband again?

I do really appreciate if you would share your knowledge on my issue...Thank you very much...

Happy Prosperous New Year 2013~~~

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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well, there's the EB-5 visa - you should look at that, in some detail.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Sandra G. Veteran

Sandra G.   5,048

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Filed: Other Country: Brazil
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The Immigration law states to qualify for returning resident status you will need to prove to the Consular Officer that you:

"...Departed from the U.S. with the intention of returning and have not abandoned this intention; and are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible".

I don't believe you will qualify for returning resident status. You stayed there 2 years because of your job, your stay is not considered a reason beyond your control such as illness, war etc. When someone plans to stay abroad more than 1 year the individual should apply for reentry permit before leaving USA. A reentry permit establishes that the individual did not intend to abandon her/his status.

Regarding the green card you are talking about is called "STEM VISAS".In december 2012 the U.S. House of Representatives passed the STEM Jobs Act of 2012 (H.R. 6429), 245-139 votes for those with master degree in science, technology, engineering, and mathematics.

Edited by sandranj
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S_R Rising Star

S_R   148

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You cannot reactivate a LPR status you voluntarily abandoned at a US consulate. No such thing exist. You can either get a U.S. relative (spouse, parent, offspring or sibling) or U.S. employer may file an immigrant petition on your behalf. The mistake you made was not researching how to re enter after an extended stay abroad as a LPR. Re-entry permit would have solved this mess.

A former immigrant who has lost U.S. resident status and desires to return to the United States must do so using a new immigrant visa based on either an approved immigrant petition or returning resident status.n You no longer have a resident status!

....All your Negative Energy Feeds Cancer!


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TBoneTX Grand Master

TBoneTX   45,319

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Filed: Citizen (apr) Country: Ecuador
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*** Thread moved from Effects of Major Changes to General Immigration Discussion -- topic involves objective procedures rather than current family-centered events. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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newjourney Newbie

newjourney   0

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Filed: Lift. Cond. (apr) Timeline
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Posted

As far as I know you cannot just re-activate a GC.

I don't think there is anything you can do other than applying for jobs that sponsor H1 and later they sponsor another GC for you.

Thank you for the help.

well, there's the EB-5 visa - you should look at that, in some detail.

Okay! I will. Thank you for the help.

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newjourney Newbie

newjourney   0

Posted
Filed: Lift. Cond. (apr) Timeline
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The Immigration law states to qualify for returning resident status you will need to prove to the Consular Officer that you:

"...Departed from the U.S. with the intention of returning and have not abandoned this intention; and are returning to the U.S. from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond your control and for which you were not responsible".

I don't believe you will qualify for returning resident status. You stayed there 2 years because of your job, your stay is not considered a reason beyond your control such as illness, war etc. When someone plans to stay abroad more than 1 year the individual should apply for reentry permit before leaving USA. A reentry permit establishes that the individual did not intend to abandon her/his status.

Regarding the green card you are talking about is called "STEM VISAS".In december 2012 the U.S. House of Representatives passed the STEM Jobs Act of 2012 (H.R. 6429), 245-139 votes for those with master degree in science, technology, engineering, and mathematics.

I see...So Architecture is not part of the STEM Visas...Thank you very much for the info!

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newjourney Newbie

newjourney   0

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Filed: Lift. Cond. (apr) Timeline
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You cannot reactivate a LPR status you voluntarily abandoned at a US consulate. No such thing exist. You can either get a U.S. relative (spouse, parent, offspring or sibling) or U.S. employer may file an immigrant petition on your behalf. The mistake you made was not researching how to re enter after an extended stay abroad as a LPR. Re-entry permit would have solved this mess.

A former immigrant who has lost U.S. resident status and desires to return to the United States must do so using a new immigrant visa based on either an approved immigrant petition or returning resident status.n You no longer have a resident status!

Yeah...a big mistake I made...Thank you for the help...

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newjourney Newbie

newjourney   0

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Filed: Lift. Cond. (apr) Timeline
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*** Thread moved from Effects of Major Changes to General Immigration Discussion -- topic involves objective procedures rather than current family-centered events. ***

OH~ THANKS!!! I didn't know how to change the Forum category after I posted it. :)

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