Re-entering US after expired Conditional GC

[missvrapter 9]

Hi all. I fell pregnant in November 2015 and left the US in May with the intention of going back. I entered the US on a K1 visa in 2013. My husband was physically abusive throughout our 2 1/2 years of marriage. I have evidence - pictures, police reports, hospital discharge papers of a sternum fracture, photos and videos of him trashing our apartment. I had to leave in May and come back to England as I couldn't risk raising the baby around him and his violence. My conditional GC expired July 23rd 2016. My son was born August 6th 2016. What steps would I have to take to re enter the US? I'm aware I can't travel with my green card. Is there a way for me to get my green card reinstated? Can I enter the US just to visit temporarily to sort out legal things - insurance, banking, divorce etc. Do I have any chance of being able to move back? Thankyou.

[Cathi 5,748]

If you left the country with a conditional green card and did not remove conditions there is nothing you can do. You abandoned your GC, it doesn't matter what your intentions were before you left.

Edited November 4, 2016 by mimolicious

[missvrapter 9]

Am I able to re enter the US to visit to sort out legal things? Divorce etc? 3 week stay maximum? I'm assuming il have to show ties to the UK to prove that I don't plan on staying illegally. My son will be staying behind in the Uk while I plan to visit. Will this affect any kind of visa/petition I apply for in the future?

[Unlockable 7,314]

The problem is the only item you had to reenter the US is no expired. That was the green card. You won't be able to enter now.

If you did not file for removal of conditions prior to you leaving I don't know if you would be able to do it now. Your permanent resident status was based on your marriage. If you left the country before filing anything it may be deemed abandoned which means you are back to square one. Have you filed for divorce, ROC, reentry permit, or anything before you left?

Edited November 5, 2016 by NuestraUnion

[Penguin_ie 5,993]

Try ESTA (assuming you are a UK citizen). It may not work but worth a try.

[Mollie09 1,543]

You might have to officially surrender your GC, then try for ESTA.

[Boiler 45,486]

Officially surrender the GC, just to be on the safe side, and use the VWP.

You can divorce remotely.

[toribae1031 3]

You can enter U.S. But you have to get transportation letter from C.B.P. (U.S. Embarry or not) Or returning visa. Sb-1(not sure about sb one)

Google it how to get it. Explain your situation with letter. Collect all your plane ticket receipt whatever w/ all supporting doc tax return. Your bills. Anything. That you left U.S. But you are actually didnt intend to terminate your green card. However. Therr is no guarantee to bring your kid. Also. No guarantee to get transportation letter or not. I understand your situation. However. You COULD ask someone. Or police. Before you left. I know it sucks. But. We gotta be realistic.

Plus. If you go back to U.S. That means you gotta re-apply it. But if you are no longer staying in U.S. The best way is giving up your card.

Plus. If you go back to U.S. That means you gotta re-apply it. But if you are no longer staying in U.S. The best way is giving up your card.

[EM_Vandaveer 2,408]

You can enter U.S. But you have to get transportation letter from C.B.P. (U.S. Embarry or not) Or returning visa. Sb-1(not sure about sb one)

Google it how to get it. Explain your situation with letter. Collect all your plane ticket receipt whatever w/ all supporting doc tax return. Your bills. Anything. That you left U.S. But you are actually didnt intend to terminate your green card. However. Therr is no guarantee to bring your kid. Also. No guarantee to get transportation letter or not. I understand your situation. However. You COULD ask someone. Or police. Before you left. I know it sucks. But. We gotta be realistic.

Plus. If you go back to U.S. That means you gotta re-apply it. But if you are no longer staying in U.S. The best way is giving up your card.

Plus. If you go back to U.S. That means you gotta re-apply it. But if you are no longer staying in U.S. The best way is giving up your card.

OP let her 2-year conditional GC expire without filing I-751. On what basis is she supposed to get an SB-1?

[Villanelle 4,122]

It sounds crazy but you are 4 months late in filing for ROC. You can file late with an explanation. Its a long shot but its worth a try especially if you are going to file under the abuse waiver option.

I would speak to an attny but from my understanding you can file with an explanation from an overseas address and ask them to put your application on hold until you get back to the US and set up an address again. (not sure of how the wording would be in the explanation so an attny would be needed). When you file you would get a receipt with the extension which would allow you to travel back to the US with your expired GC. When you set up again you would then tell USCIS and they would resume processing and youd go for biometrics and ultimately interview.

[toribae1031 3]

That's why i said idk about sb-1. But. Transportation letter she still can try tho. But im not 100 percent sure to get it or nah

OP let her 2-year conditional GC expire without filing I-751. On what basis is she supposed to get an SB-1?

[IcezMan_IcezLady 582]

It sounds crazy but you are 4 months late in filing for ROC. You can file late with an explanation. Its a long shot but its worth a try especially if you are going to file under the abuse waiver option.

I would speak to an attny but from my understanding you can file with an explanation from an overseas address and ask them to put your application on hold until you get back to the US and set up an address again. (not sure of how the wording would be in the explanation so an attny would be needed). When you file you would get a receipt with the extension which would allow you to travel back to the US with your expired GC. When you set up again you would then tell USCIS and they would resume processing and youd go for biometrics and ultimately interview.

I think that would have mattered if she was still in the US but she left.

[Villanelle 4,122]

I think that would have mattered if she was still in the US but she left.

??

What does that mean? You can file ROC from overseas. You have to come back to the US for biometrics and interview however. Look it up. She also left on a temp basis. She did not abandon her residency- she stated she had intentions of returning. You are allowed as a LPR to leave the US whenever you want. And even though this does not apply here in cases of VAWA (where you would be seeking an actual GC) you can in fact leave the US due to the abuse and apply for VAWA from outside the US. When you apply for ROC with the abuse waiver it is processed by Vermont (the same people that do vawa) so I do not foresee them having an issue with her leaving the US temporarily due to the abuse for her safety and the safety of her child.

[EM_Vandaveer 2,408]

??

What does that mean? You can file ROC from overseas. You have to come back to the US for biometrics and interview however. Look it up. She also left on a temp basis. She did not abandon her residency- she stated she had intentions of returning. You are allowed as a LPR to leave the US whenever you want. And even though this does not apply here in cases of VAWA (where you would be seeking an actual GC) you can in fact leave the US due to the abuse and apply for VAWA from outside the US. When you apply for ROC with the abuse waiver it is processed by Vermont (the same people that do vawa) so I do not foresee them having an issue with her leaving the US temporarily due to the abuse for her safety and the safety of her child.

Leaving is fine. Letting the GC expire without filing I-751 is NOT. She can try to late file. It may be accepted or it may not.

[IcezMan_IcezLady 582]

??

What does that mean? You can file ROC from overseas. You have to come back to the US for biometrics and interview however. Look it up. She also left on a temp basis. She did not abandon her residency- she stated she had intentions of returning. You are allowed as a LPR to leave the US whenever you want. And even though this does not apply here in cases of VAWA (where you would be seeking an actual GC) you can in fact leave the US due to the abuse and apply for VAWA from outside the US. When you apply for ROC with the abuse waiver it is processed by Vermont (the same people that do vawa) so I do not foresee them having an issue with her leaving the US temporarily due to the abuse for her safety and the safety of her child.

I meant to say that it wouldn't have mattered.