Returned resident visa

[Nicky87 2]

Hello, 

I have a 10year permanent resident card, I missed my deadline and did NOT apply for a re-entry visa. I left the US in 2016 due to my dad getting sick, he passed away in July 2017. Due to my mother not being able to handle her business, suffering from bad depression, (proof medical records) I wasn’t able to return as planned. I made sure to travel back to the us every year to maintain my status. However I have now missed the deadline. I also got divorced from my spouse last month. How likely is it for me to get a retuning letter? Both of my children are American citizens and my whole support system is in the states including my children’s father. 

Thanks in advance. 

Edited January 23, 2019 by Nicky87

[aaron2020 11,651]

Just buy a ticket and come back.  CBP will give you a hard time, but they will let you in.  

[Nicky87 2]

I have been outside the US for 16 mons, therefor it should be expired, I don’t wanna risk traveling to the US and not being permitted to stay and sent back with two kids

Edited January 23, 2019 by Nicky87

[aaron2020 11,651]

5 minutes ago, Nicky87 said:

I have been outside the US for 16 mons, therefor it should be expired, I don’t wanna risk traveling to the US and not being permitted to stay and send back with two kids

What happens if you don't get the SB-1?  You will be stuck outside the US. 

 

You choose to stay with your parents.  It was not a situation outside of your control that prevented you from getting onto a plane so you will not qualify for the SB-1.

 

Your LPR status has not expired.  Only an immigration judge can terminate your green card status.  

 

The myth that coming to the US every year is enough to keep your green card status is false.  

How old are your children?

Edited January 23, 2019 by aaron2020

[Nicky87 2]

2 minutes ago, aaron2020 said:

What happens if you don't get the SB-1?  You will be stuck outside the US. 

 

You choose to stay with your parents.  It was not a situation outside of your control that prevented you from getting onto a plane so you will not qualify for the SB-1.

 

Your LPR status has not expired.  

 

The myth that coming to the US every year is enough to keep your green card status is false.  

How old are your children?

 

My children are 12 and 7 years old. 

I been reading a lot about the SB-1 and visas in general. Why is it a Myth? 

[aaron2020 11,651]

Just now, Nicky87 said:

 

My children are 12 and 7 years old. 

I been reading a lot about the SB-1 and visas in general. Why is it a Myth? 

It's a myth because you need to maintain ties to the US.  Google "maintaining legal permanent residency."

 

You are making a GIANT mistake in filing for the SB-1.  If you are denied, you will not be coming back to the US.  

 

Just buy a ticket and come back.  CBP will tell you not to do it again.  They can't take your green card.  They can't terminate your LPR status.  

[Nicky87 2]

6 minutes ago, aaron2020 said:

It's a myth because you need to maintain ties to the US.  Google "maintaining legal permanent residency."

 

You are making a GIANT mistake in filing for the SB-1.  If you are denied, you will not be coming back to the US.  

 

Just buy a ticket and come back.  CBP will tell you not to do it again.  They can't take your green card.  They can't terminate your LPR status.  

 

Thank you for the info. 

I am just really afraid to be sent back as soon as I get there. Has anyone you know ever done so? 

[aaron2020 11,651]

Google SB-1 visa denial.  

[geowrian 22,337]

They will probably only give you a hard time using the green card to return.

They may or may not parole you into the US while referring your case to an immigration judge to make a decision if LPR status was abandoned or not.

Have you been maintaining ties to the US? Filing taxes? Own/rent a residence?

 

The main issues with an SB-1 visa here are 1) difficulty in claiming a valid reason for choosing not to return to the US, and 2) you no longer have an eligible relative (unless your USC children are 21 or older).

 

@Nitas_man Thoughts?

Edited January 23, 2019 by geowrian

[Nicky87 2]

4 minutes ago, geowrian said:

They will probably only give you a hard time using the green card to return.

They may or may not parole you into the US while referring your case to an immigration judge to make a decision if LPR status was abandoned or not.

Have you been maintaining ties to the US? Filing taxes? Own/rent a residence?

 

The main issues with an SB-1 visa here are 1) difficulty in claiming a valid reason for choosing not to return to the US, and 2) you no longer have an eligible relative (unless your USC children are 21 or older).

 

@Nitas_man Thoughts?

I kept my bank accounts and mailing address. My ex husband still claimed me and the kids on his taxes as well. 

[Going through 5,671]

You should be fine re-entering with the GC.  I say "should" because USCs are the only ones guaranteed entry.

Be prepared for a stern lecture and questions as to why you were outside of the US for so long.

You getting recently divorced from your spouse is irrelevant to reentry, so don't stress yourself about that part.

[aaron2020 11,651]

3 hours ago, Nicky87 said:

I kept my bank accounts and mailing address. My ex husband still claimed me and the kids on his taxes as well. 

If the SB-1 is denied, your ex-husband can not file for you.  You will be stuck in India.  

 

Bank accounts and a US mailing address does not overcome the fact that you choose to stay outside the US for 16 months.  Staying outside the US was not beyond your control.  Nothing prevented you from getting on a plane.  You will not get an SB-1 visa.  You will screw yourself.

[WeGuyGal 1,052]

1 hour ago, aaron2020 said:

If the SB-1 is denied, your ex-husband can not file for you.  You will be stuck in India.  

 

Bank accounts and a US mailing address does not overcome the fact that you choose to stay outside the US for 16 months.  Staying outside the US was not beyond your control.  Nothing prevented you from getting on a plane.  You will not get an SB-1 visa.  You will screw yourself.

Did I miss that somewhere in OP's posts?

[aaron2020 11,651]

2 minutes ago, WeGuyGal said:

Did I miss that somewhere in OP's posts?

Opps.  Wrong country.  My mistake.  

[HonoraryCitizen 179]

11 hours ago, Nicky87 said:

 

Thank you for the info. 

I am just really afraid to be sent back as soon as I get there. Has anyone you know ever done so? 

Two years ago my very good friend asked me the same. His brother had returned to our country for a little over two years (didn't plan to return but plans went awry) and was planning to come back. I laid out all the reasons why it was a bad idea to return without a SB-1. One month later my friend called me and said his brother was back in the USA. I asked what happened at immigration. His reply was nothing at all.

 

Basically what the other posters are telling you is that if you come on your green card, four possible things could happen. Remember they legally cannot turn a permanent resident away at the airport. Let's do some elementary probability of the scenarios assuming equal probability of individual outcomes

 

1. You enter without being questioned - Good
2. You are questioned, but let in with a lecture - Good
3. You are questioned and paroled in to go and face an immigration judge who determines you have not abandoned status - Good
4. You are questioned and paroled in to go and face an immigration judge who determines you have abandoned status and deports you. - Bad

Of these four things, which could happen three are good meaning a 75% success rate.

 

However if you choose to apply for an SB-1 visa, only two things could happen

1. You get the visa
2. You do not get the visa and permanently stuck in your country

Of these two things which could happen only one is good meaning a 50% success rate.

 

The conclusion is that when a returning permanent resident is in doubt, they should always choose the option of returning without applying for an SB-1 because that option has the highest probability of success.