Returning resident. Don't know where to start

[Paul's Mrs. 0]

I'm not sure where to restart my journey. My husband is Australian and he entered the U.S. on his conditional resident visa. We lived there for about a year when his stepmother got Motorneuron disease at the same time his grandfather passed away. So we returned to Australia to look after his father as he was really suffering. We didn't realise that we needed to file a leave of absence. In the meantime, we filed our AOS and went home for all of the appointments since our intention was always to return home. It took longer than expected so when we moved back home, we were told at the border that his Greencard had been cancelled. We were shocked. So we stayed for about 6 weeks and came back to Australia. We have now been living here for 5 years total and really want to move home especially after we have our first born later this year.

I think we are supposed to file a DS-117, Returning Resident Status but it doesn't look hopeful. Has anyone else done this? I'm really upset. I never realised that we were breaking any rules.

[canadian_wife 1,822]

How long were you both gone the first time you left?

good luck

[Hypnos 6,576]

An SB-1 returning resident visa will not be granted after five years outside of the US.

You will need to begin the process over, and (re-)petition him again through the I-130 process seeking an IR-1 visa.

Edited April 6, 2015 by Hypnos

[Brewlin 52]

I assume you're a U.S citizen, and yes you will need to petition a new I-130 for him. I was also a U.S permanent resident and we're doing it all over again, we left the u.s in 2012.

[Brewlin 52]

Although...when the border agent told him his greencard was cancelled, did they also force him to fill in an abandonment form or does he still have his greencard? If so, perhaps the SB-1 visa would be an option, since you left due to relatives illness.

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.

[Hypnos 6,576]

After five years that stands no chance of success.

[jan22 3,052]

Although...when the border agent told him his greencard was cancelled, did they also force him to fill in an abandonment form or does he still have his greencard? If so, perhaps the SB-1 visa would be an option, since you left due to relatives illness.

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.

An SB-1 application will fail because of the third requirement listed here. The stay was, by USG standards, not for reasons beyond your control. The illness and care of a parent does not meet this requirement --- if the LPR had fallen ill and could not travel, it would. Won't be speedy, but a new I-130 seems like the only possibility.

[Paul's Mrs. 0]

Thanks everyone. So helpful. Looks like we will begin the new I-130 again. Can't believe we have to start this all over. Oh well.