Mother of American Children with expired immigration

[Boiler 46,132]

One of the things that helps suggest you did not intend to abandon residency.

Do not restrict yourself to that list.

[Hypnos 6,578]

Without a re-entry permit an appearance before an immigration judge is a near-certainty, since they have been outside the US for 18 months.

An SB-5 (returning resident) visa would be another possibility, but those are extremely difficult to obtain.

http://lawandborder.com/wp-content/uploads/2012/10/Guide-Reentry-Permit-2012-10-20.pdf contains some interesting information about Re-Entry Permits.

In particular:

"An LPR who has been absent from the U.S. for one year or more and who has no

reentry permit may be eligible to apply at a U.S. Consulate abroad for an SB-1

returning resident visa or may be eligible to apply to CBP for a waiver of the entry

document requirement."

Edited July 11, 2013 by Hypnos

[amberlynnloves 125]

Without a re-entry permit an appearance before an immigration judge is a near-certainty, since they have been outside the US for 18 months.

An SB-5 (returning resident) visa would be another possibility, but those are extremely difficult to obtain.

http://lawandborder.com/wp-content/uploads/2012/10/Guide-Reentry-Permit-2012-10-20.pdf contains some interesting information about Re-Entry Permits.

In particular:

"An LPR who has been absent from the U.S. for one year or more and who has no

reentry permit may be eligible to apply at a U.S. Consulate abroad for an SB-1

returning resident visa or may be eligible to apply to CBP for a waiver of the entry

document requirement."

USCIS may, as a matter of discretion, issue a reentry permit to a person meeting the following requirements:

1. You have been lawfully admitted to the U.S. as an LPR or conditional resident.

2. You have not abandoned that status, as discussed above.

3. You intend in good faith to make a temporary trip abroad.

4. You must be physically present in the United States at the time of filing.

For this purpose, the United States means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands

5. Departing the U.S. after you file has no effect on the application,

20 although as explained below you would need to return to the U.S. for a biometrics appointment if you are between ages 14 and 79.21

Edited July 11, 2013 by amberlynnloves

[Hypnos 6,578]

"An LPR who has been absent from the U.S. for one year or more and who has no

reentry permit may be eligible to apply at a U.S. Consulate abroad for an SB-1

returning resident visa or may be eligible to apply to CBP for a waiver of the entry

document requirement."

[del-2-5-2014 1,339]

This question involves a couple that was married for ~8 years. Husband is a naturalized citizen and the (ex)wife got immigration through marriage to him. They had two kids in the second and fourth year of the marriage born in the US. About four years into the marriage things started getting turbulent. I'll spare you the dirty laundry, but the relevant point is that the wife moved back to her country for a "break". She stayed over six months causing the citizenship clock on her green card to reset. She came back to the US and upon learning of the reset decided to move back to her country while leaving the children with their father in the US. She let, for whatever stupid reason, her green card lose status by staying there for over a year.

Now the situation is that her husband divorced her and is living with the kids in the US. She realizes her follies and want to get back with him, which he is not willing to do. However, he has no issue with her having a relationship with her children and be in their life in some way. He doesn't want to re-marry her and go through the fiance visa, or wife visa etc. route. Is there another way for her to visit her kids? Can he for example sponsor her for a visit visa to visit her children? Does that increase the chances of it being approved? or is there another class of visa she can apply for to maintain a visiting relationship with her children?

Excellent, I salute the Husband.

The ExWife needs to go to the embassy and have a chit chat.

[Boiler 46,132]

Excellent, I salute the Husband.

The ExWife needs to go to the embassy and have a chit chat.

what for?

[Jawaree 718]

If she had some good solid proof for staying out a yr

like a parent was dying/has now died, She got ill in her

home country and the Drs say she could not travel & issued

medical report, her chances are good, but she should try to

enter with current GC they would schedule her to see a IJ

Edited July 11, 2013 by Jawaree

[snowcrash 1]

Proof that she has not abandoned her residency could entail: (i) filing US federal tax returns, (ii) maintaining a US bank account, (iii) maintaining a residence and paying a mortgage or rent on it, (iv) maintaining insurance policies (car, property, life).

Obviously this is not an authoritative list, but she would need to demonstrate that her trip abroad was temporary and she never intended to abandon her residency. If she has done any of those things I mentioned above, or taken other steps to maintain her residency in the US, then it's possible there is a chance. She would probably need a good lawyer, though, and from what you describe it doesn't sound as if she intended to return.

She is on an insurance policy and has a joint bank account that is still active. She is not on her husband's lease but she is on a joint tax return form.

[droplets 2]

I think her best bet is just to enter the US with her green card. My wife and I overstayed out of the US, and the only way I could get her status back was to file her for another immigrant visa. The returning resident visa is very hard to get. The circumstances that kept one from returning on time really need to be out of one's control. Even a family member dying is not a valid reason, as far as I know...because it's still under their control to leave back to the US.