Never Intend to abandon my Residency because i have no choice

[Isabel_Sparkle 0]

I want to be straight to the point on my problem and I would like to have comments and suggestions. I am a CR1 visa holder I got my green card that will expire December of this year. I leave US a year ago because my husband went to prison and I cannot help myself alone with a very small salary and no relatives to go to so I decided to go back to Philippines, but I have no intentions of abandoning my residency it’s just that it’s beyond my control and if I stay in US I will be very broke which I am scared of because I am still new in US not so familiar in their style of living and etc, I have no choice but to go home to Philippines where I am secure. My husband got no verdict yet but instead he has given a chance to bond which is a good news because I can be with my husband but the problem is I think the court won’t allow my husband to go outside U.S. and I cannot return there because of I think issue of leaving more than a year which I will think the immigration will think I am abandoning my residency. What shall I do to be with my husband in US again?

[Ontarkie 14,420]

~~Moved to General Immigration-Related Discussion, from Introducing our Members~~

[Dave&Roza 748]

I want to be straight to the point on my problem and I would like to have comments and suggestions. I am a CR1 visa holder I got my green card that will expire December of this year. I leave US a year ago because my husband went to prison and I cannot help myself alone with a very small salary and no relatives to go to so I decided to go back to Philippines, but I have no intentions of abandoning my residency it’s just that it’s beyond my control and if I stay in US I will be very broke which I am scared of because I am still new in US not so familiar in their style of living and etc, I have no choice but to go home to Philippines where I am secure. My husband got no verdict yet but instead he has given a chance to bond which is a good news because I can be with my husband but the problem is I think the court won’t allow my husband to go outside U.S. and I cannot return there because of I think issue of leaving more than a year which I will think the immigration will think I am abandoning my residency. What shall I do to be with my husband in US again?

Since you have been outside the US for more than a year without having obtained a re-entry permit, your chances are slim to none to being allowed back into the US. You need to go to the US Embassy in the PI and see if you can get a returning resident visa. If you manage to get that, the CBP MAY admit you into the US. If not, you will be ordered to appear before an immigration judge (IJ) who will decide your fate--either grant that you can remain a LPR or revoke your GC and deport you back to the PI.

Looking at the qualifications for a returning resident visa IMHO, you do not qualify and have abandoned your LPR status and will not be allowed to enter the US.

Good luck,

Dave

Edited August 14, 2014 by Dave&Roza

[Jawaree 718]

After 2 yrs its GC abandonment, a yr if U

have proof of Y you stayed out U can come

and be with your husband, go in and check

with the consulate there. No your husband

on bond with a pending case wont be allowed

to leave and come there

[Hypnos 6,578]

If you've been outside of the US for a year already then there is a presumption in law that your green card has been automatically abandoned.

You can present yourself at a PoE and request a hearing in front of an immigration judge, but it's unlikely they would do anything other than formally revoke your green card. You may also be required to remain in CBP custody (an immigration holding facility) until your hearing.

You can look into an SB-1 returning resident visa, but the bar on those is very high, and you would need to show that factors completely beyond your control were responsible for remaining outside of the US for such an extended period.

You should consult with an experienced immigration attorney, but I think it's unlikely they will be able to do anything for you, given the circumstances as you have described them.

Edited August 14, 2014 by Hypnos

[Isabel_Sparkle 0]

Hi i ave read this at us immigration website "If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis and under the same category by which you immigrated originally."

does it mean if i am not approve then i can reaaply an immigrant visa?

[Hypnos 6,578]

Yes, your husband can petition for you again; it would take around a year to receive another immigrant visa from the time he filed the I-130.

Edited August 14, 2014 by Hypnos