Need some advice about a revoked green card situation

[Rorik 0]

Hello all,

I'm looking for advice on a bit of a hairy situation. I'm 27, and was granted a 10yr green card in 2004 through my father who is a citizen. My father was diagnosed with cancer when I was 14 and has been battling ever since. I got my CHSPE(GED) when I was 16 and stayed home to help him full time while my older brother moved back in to support us financially. As of 2009 he was in complete remission and I was able to have a life of my own (don't mean to sound harsh, but you feel like your on pause).

I traveled to Australia in 2010 to stay with my girlfriend with the intent of moving back to the states once she got her E3 visa. I had some health problems when I got to Australia, I was a big guy and couldn't safely fly back. I worked on my health since then living with my gf, I've only done cash jobs to get by while I did so. when I was confident I could fly again, I flew back to visit my family Dec 2012 on a tourist visa as I knew I had a time limit on my green card, and I assumed it would of been revoked.

So here we are, my gf has a job offer for Nov. and her E3 is pending. With my circumstances I never owned a house or paid rent, or had a bank account. My US drivers license expired two years ago and my brother and father moved house since I was there. I haven't held a job here, or bought anything significant. I'm looking to get back to my family with my girlfriend as quickly as possible. so I've heard of a few options I might have, I wanted to get your guys opinion thanks.

Is it worth trying to appeal for my green card to be reinstated?

I was advised by someone else to have my father petition for me as a 21+ unmarried child?

My brother and father are both US citizens, but my sister is the only US-born citizen, should I apply as a brother though my sister instead?

I don't want to go the marriage route to enable me to enter the states with my gf under her E3. I want to make that choice myself when I feel i'm ready.

Anyway, thank you all for the time and consideration on this matter.

[NigeriaorBust 4,087]

Your sister filing will take 12 years to get an interview. Your father would be about 8

[Harpa Timsah 13,258]

You could try for a SB-1 but IMO you shot yourself in the foot by entering on a tourist visa, thereby declaring that you were only a visitor. Should have done SB-1 in 2012 citing health issues.

[aaron2020 11,651]

The Sb-1 visa is your only shot at getting your green card back in the immediate future. You will need to prove that your time outside the US was out of control and you maintained ties to the US.

Given that you maintained little or no ties to the US and you used a tourist visa to enter the US, your chances of getting the Sb-1 visa is low.

It will take 8 years for your dad to petition you. It would take 12 years for a sibling to petition for you.

Marriage may be your only chance to come with your girlfriend.

[VanessaTony 3,567]

I'm looking for advice on a bit of a hairy situation. I'm 27, and was granted a 10yr green card in 2004 through my father who is a citizen. My father was diagnosed with cancer when I was 14 and has been battling ever since. I got my CHSPE(GED) when I was 16 and stayed home to help him full time while my older brother moved back in to support us financially. As of 2009 he was in complete remission and I was able to have a life of my own (don't mean to sound harsh, but you feel like your on pause).

Okay so you got your GC through your USC father? Is there a reason why you weren't eligible for USC once you entered the US on your GC?

[hmh33 117]

My guess is he was over 18 when he obtained the green card, but he should confirm that?

[VanessaTony 3,567]

My guess is he was over 18 when he obtained the green card, but he should confirm that?

I did the math based on the info in the OP... He's 27 now, got his GC 9 years ago (2004) so he was either 17 or 18. I was a little confused though because he said he did his GED when he was 16... so was he illegal or on another kind of visa? And if his dad naturalised and he was under 18 he would have as well... so I wonder if the dad naturalised then petitioned his son who was living in the US illegally?

Either way yes - OP, how old were you when you got your GC? What was your situation when your father got USC? Did he naturalise?

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