I-751 Removal of Conditions - Question

[VisaVee2k13 0]

Hello All,

Does anyone know if possibility exists for filing for ROC for spouse who is overseas? Situation is she had conditional GC and it has been expired for couple years now, but she has been stuck in Syria for long time and we never filed the ROC, so it has expired......so was wondering if anyone knows if, as an alternative to filing the I-130 process from scratch, we can do the I-751 ROC in this manner?

Any ideas / thoughts?

Thanks!

[Pitaya 2,577]

~Moved from Bringing Family Members of PR to America to ROC Forum~

~Inquiry about ROC~

[Hypnos 6,576]

Why did she not file for RoC? Your answer will depend on that answer.

[VisaVee2k13 0]

Why did she not file for RoC? Your answer will depend on that answer.

Well she had to leave the country to visit ill parent in Syria, and this was before expiration of the Conditional GC, and so she was stuck there since then, with all the turmoil and violence in that country, she was not able to leave, her passport was taken away.....so we did not pursue the ROC since she was not here......trying to figure out the best way to get her here now.....she is in the process of getting a new passport, and that has been quite a difficult ordeal that takes long time in that country under current conditions.

So she will then be able to cross the border into Jordan, and hopefully we can find a way to get her on a plane to here, but obviously need the proper legal documents etc.....

Any ideas / knowledge / input would be appreciated.

Thanks!

[Hypnos 6,576]

Well, first off the lack of RoC meant that that green card is dead. The (possible) good news is something called an SB-1 returning resident visa, that allows someone with an expired green card essentially apply for a do-over. You should know that the bar on these kinds of visas is very high, and the applicant must prove that the reason for them losing their previous green card was due to extreme circumstances beyond their control. Given the civil war in Syria at the moment, I would think this would be a good start.

You can read up on SB-1 visas here: http://travel.state.gov/content/visas/english/immigrate/types/returning-residents.html

Edited April 19, 2014 by Hypnos

[Angel012110 19]

These are the Requirements for the Visa Above:

Step 1 - Qualifying for Returning Resident Status

Under provisions of immigration law, to qualify for returning resident status, you will need to prove to the Consular Officer that you:

• Had the status of a lawful permanent resident at the time of departure from the United States;
• Departed from the United States with the intention of returning and have not abandoned this intention; and
• Are returning to the United States 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.

The 2nd One might be hard to prove if she's been out for years like you say and these visas are not easily approved. But GOOD LUCK!