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BuiQuang

Green card baby outside USA more than 2 years

By BuiQuang in Vietnam

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BuiQuang Enthusiast

BuiQuang   95

Posted
Timeline
Posted

Baby got green card with me in 2015.  I went back to Viet Nam to marry and baby got sick.  I went back to USA to work.  Baby stay with my wife.  My wife will interview for visa soon.  I will go to Viet Nam so they can come back to US with me.  Do I need new visa for our baby?

PedroDaGr8 Collaborator

PedroDaGr8   245

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
Posted

You will need to check the status of the baby's green card. More than likely it has been considered abandoned, but this is not guaranteed. Additionally, even it is considered abandoned, it is sometimes possible to remove its abandonment status by getting a re-entry permit or SB-1 (returning resident visa) at the US Embassy in Vietnam.  The rulings on when and how abandonment are defined exactly are not clearly written. My first option would be to contact the embassy and look into the SB-1. Hopefully others can chime in with more experience.

Steps Before Citizenship:

Spoiler

K-1

09/24/2016 - I-129F Packet Submitted, 09/26/2016 - NOA1, 10/27/2016 - RFE Received

11/02/2016 - RFE Reply sent

11/09/2016 - NOA2

11/21/2016 - NVC Receives packet

12/12/2016 - Case left NVC for BKK Consulate

01/10/2017 - After travelling via the slowest route possible (likely via carrier pigeon) BKK Consulate receives packet

01/16/2017 - Packet 3 Instructions received 02/28/2017 - Packet 3 Instructions Completed

03/05/2017 - Packet 4 received (now the fun begins) --> 03/29/2017 - Interview disappears from the schedule on the embassy website -->03/30/2017 - She goes to her interview, is told they need to verify her documents since she is Vietnamese interviewing in Thailand, receives a 221G with 'Verification of Viet documents' as the reason. Gave back her passport.-->03/31/2017-04/04/2017 - Case is being continuously touched. We suspect that our case was approved at this point but they didn't have her passport. --> 04/10/2017 (10 days after interview) - Email emabssy to inquire about updates and if there was anything we could do to move things forward. (3h later) - She is told that she is approved and to expect her passport soon (how when they don't have it in their posession?) After clarification, instructed to send our passport to them. Ship out passport in a rush to beat Songkran (which failed) --> 04/11/2017 - Passport at embassy according to Thai Post Office --> 04/17/2017 - Emailed to confirm they received the passport. They issued an evasive answer about Songkran backlog (they love evasive non-committal answers)--> 04/24/2017  Evening - Case changes from Immigrant Visa to Non-Immigrant Visa and a new case created date is given --? 04/25/2017 morning  (less than 12h later) - Case flies through Ready -->Admin Processing --> Issued

04/26/2017 - Checks mail, passport is there. No mention of it being mailed out. 

05/02/2017 - Arrives in the USA, without Issue

06/17/2017 - Marriage!

AOS

7/01/17- Mailed AOS packet to Chicago

7/03/17- Packet received

07/07/17 - SMS and Email notification of NOA1 for AoS, EAD, and AP

07/13/17 - Received paper copies of NOA1 for AoS, EAD, and AP

07/21/17 - Received Biometrics Appointment Letter

08/02/17 - Biometrics Appointment Completed 

11/04/17 - EAD Approved - New Card Is Ready For Production

11/09/17 - AP Approved, EAD - Card Produced Awaiting Mailing, EAD - Card Has Been Mailed.

11/13/17 - EAD/AP Combo Card Received. 

11/05/2018 - Received SMS Notification that Interview Has Been Scheduled

11/10/2018 - Received Paper Interview Notice

12/11/2018 - Interview Date
12/12/2018 - Approved

ROC

11/18/2020 - Mailed ROC packet

11/20/2020 - Packet received

01/16/2021 - Received NOA1 

05/28/2021 - Biometrics Waived

08/04/2021 - ROC Approved

08/11/2021 - GC received

 

Citizenship

09/15/2021 - N-400 Filed Electronically, NOA-1 received, Biometrics Waiver Received

07/01/2022 - Interview Notice Received
08/10/2022 - Interview Date, Approved, Oath Ceremony

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Travel abroad for over 1 year will have a presumption that permanent residence was abandoned (which is required for a green card holder). You have a few options:

  1. Voluntarily relinquish the green card, then have the baby get a new green card. You will need to either petition for the child or - preferably - add them as a derivative to the existing case. This is assuming your wife is getting a family preference visa (F2A)...if you have since become a USC, then the wife and child fall into the immediate relative category, which doesn't permit derivatives.
  2. Apply for an SB-1 visa. These are rarely granted, but it's not unheard of and depends on the individual's circumstances (i.e. if the illness prevented travel for much of the time abroad, then that's a pretty good case...being a baby probably helps too).
  3. Attempt to enter on the green card, and make the case that residence was not abandoned. At the very least, an LPR can go through an immigration judge before status is revoked. Given that the child can be petitioned and it was not in the child's choice to be abroad, I am mildly optimistic they wouldn't refer the case to a judge.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

PedroDaGr8 Collaborator

PedroDaGr8   245

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
Posted (edited)
6 hours ago, geowrian said:

Travel abroad for over 1 year will have a presumption that permanent residence was abandoned (which is required for a green card holder). You have a few options:

  1. Voluntarily relinquish the green card, then have the baby get a new green card. You will need to either petition for the child or - preferably - add them as a derivative to the existing case. This is assuming your wife is getting a family preference visa (F2A)...if you have since become a USC, then the wife and child fall into the immediate relative category, which doesn't permit derivatives.
  2. Apply for an SB-1 visa. These are rarely granted, but it's not unheard of and depends on the individual's circumstances (i.e. if the illness prevented travel for much of the time abroad, then that's a pretty good case...being a baby probably helps too).
  3. Attempt to enter on the green card, and make the case that residence was not abandoned. At the very least, an LPR can go through an immigration judge before status is revoked. Given that the child can be petitioned and it was not in the child's choice to be abroad, I am mildly optimistic they wouldn't refer the case to a judge.

Excellent coverage of the options at hand! I did not know about the latter but it makes sense. 

Edited by PedroDaGr8

Steps Before Citizenship:

Spoiler

K-1

09/24/2016 - I-129F Packet Submitted, 09/26/2016 - NOA1, 10/27/2016 - RFE Received

11/02/2016 - RFE Reply sent

11/09/2016 - NOA2

11/21/2016 - NVC Receives packet

12/12/2016 - Case left NVC for BKK Consulate

01/10/2017 - After travelling via the slowest route possible (likely via carrier pigeon) BKK Consulate receives packet

01/16/2017 - Packet 3 Instructions received 02/28/2017 - Packet 3 Instructions Completed

03/05/2017 - Packet 4 received (now the fun begins) --> 03/29/2017 - Interview disappears from the schedule on the embassy website -->03/30/2017 - She goes to her interview, is told they need to verify her documents since she is Vietnamese interviewing in Thailand, receives a 221G with 'Verification of Viet documents' as the reason. Gave back her passport.-->03/31/2017-04/04/2017 - Case is being continuously touched. We suspect that our case was approved at this point but they didn't have her passport. --> 04/10/2017 (10 days after interview) - Email emabssy to inquire about updates and if there was anything we could do to move things forward. (3h later) - She is told that she is approved and to expect her passport soon (how when they don't have it in their posession?) After clarification, instructed to send our passport to them. Ship out passport in a rush to beat Songkran (which failed) --> 04/11/2017 - Passport at embassy according to Thai Post Office --> 04/17/2017 - Emailed to confirm they received the passport. They issued an evasive answer about Songkran backlog (they love evasive non-committal answers)--> 04/24/2017  Evening - Case changes from Immigrant Visa to Non-Immigrant Visa and a new case created date is given --? 04/25/2017 morning  (less than 12h later) - Case flies through Ready -->Admin Processing --> Issued

04/26/2017 - Checks mail, passport is there. No mention of it being mailed out. 

05/02/2017 - Arrives in the USA, without Issue

06/17/2017 - Marriage!

AOS

7/01/17- Mailed AOS packet to Chicago

7/03/17- Packet received

07/07/17 - SMS and Email notification of NOA1 for AoS, EAD, and AP

07/13/17 - Received paper copies of NOA1 for AoS, EAD, and AP

07/21/17 - Received Biometrics Appointment Letter

08/02/17 - Biometrics Appointment Completed 

11/04/17 - EAD Approved - New Card Is Ready For Production

11/09/17 - AP Approved, EAD - Card Produced Awaiting Mailing, EAD - Card Has Been Mailed.

11/13/17 - EAD/AP Combo Card Received. 

11/05/2018 - Received SMS Notification that Interview Has Been Scheduled

11/10/2018 - Received Paper Interview Notice

12/11/2018 - Interview Date
12/12/2018 - Approved

ROC

11/18/2020 - Mailed ROC packet

11/20/2020 - Packet received

01/16/2021 - Received NOA1 

05/28/2021 - Biometrics Waived

08/04/2021 - ROC Approved

08/11/2021 - GC received

 

Citizenship

09/15/2021 - N-400 Filed Electronically, NOA-1 received, Biometrics Waiver Received

07/01/2022 - Interview Notice Received
08/10/2022 - Interview Date, Approved, Oath Ceremony

 
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