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Ryouichi7

US Greencard holder outside of US for over 2 years

By Ryouichi7 in General Immigration-Related Discussion

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Ryouichi7 Newbie

Ryouichi7   0

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I like to ask about US greencard, married to US citizen 8 years ago, and divorced him. 

Then, my Dad in Japan had serious illness, I am taking care of him for over 2 years in Japan now. I have been paid income Tax until now. What should I do if I want to go back to US and get a job? Can I just go US and get a job with sightseen visa and my greencard still has 2 years left until expiration date. Anybody knows where I can ask this question to? 

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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Did you get the reentry permit before leaving US? If not you might need to apply for Returning Resident visa at the US embassy.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Lil bear Mentor

Lil bear   4,219

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Filed: Citizen (apr) Country: Australia
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2 hours ago, Ryouichi7 said:

I like to ask about US greencard, married to US citizen 8 years ago, and divorced him. 

Then, my Dad in Japan had serious illness, I am taking care of him for over 2 years in Japan now. I have been paid income Tax until now. What should I do if I want to go back to US and get a job? Can I just go US and get a job with sightseen visa and my greencard still has 2 years left until expiration date. Anybody knows where I can ask this question to? 

Absences of over 12 months are considered abandonment of resident status in the US. Without a previously approved reentry permit .. valid for 2 years only and must have been applied for before leaving the US .. or being able to show that the length of your stay was outside your control.and being granted an SB1.. returning resident visa . very big challenge ... then it is pretty certain that you would not be considered to still be an LPR and may be refused entry or sent to immigration court if you were allowed to renter 

To get back to living in the US, you would need to be  eligible for a new immediate relative visa or if you landed a job where the

company was prepared to sponsor an employment based visa 

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Ryouichi7 Newbie

Ryouichi7   0

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1 hour ago, arken said:

Did you get the reentry permit before leaving US? If not you might need to apply for Returning Resident visa at the US embassy.

No I did not know about the reentry permit or any filing was necessary.  In order to apply for returning resident visa, only embassy will do? not immigration office? In Japan, we have USembassy only in Tokyo, it is very far and cost 20000 yen at least to go Tokyo from here. I will definitely take returning resident visa  if it is allowed.  Thank you so much for your guidance. 

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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SB1 seems a very long shot, OP has GC and can not be refused entry, could end up in front of an IJ but if that happened likely to be years away and can argue her case then.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ryouichi7 Newbie

Ryouichi7   0

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1 hour ago, Lil bear said:

Absences of over 12 months are considered abandonment of resident status in the US. Without a previously approved reentry permit .. valid for 2 years only and must have been applied for before leaving the US .. or being able to show that the length of your stay was outside your control.and being granted an SB1.. returning resident visa . very big challenge ... then it is pretty certain that you would not be considered to still be an LPR and may be refused entry or sent to immigration court if you were allowed to renter 

To get back to living in the US, you would need to be  eligible for a new immediate relative visa or if you landed a job where the

company was prepared to sponsor an employment based visa 

Thank you for your instruction. Since I got divorced with UScitizen, It might be eligible for me to have a relative visa. My grandparents were UScitizen also, but they are already passed away, but their relatives still living in Texas. But It has been long time to have contacted to them.  Thinking I should give up, this is second time I gave up on the green card, such a shame. I kinda regret it was 30 years ago, the US immigration officer sent me a mail about whether I have a will to reapply for a greencard or abandon the rights, and I replied I dont need it.   Now that this is my second time I should go over again.....  Anyway returning resident visa will do maybe, I should try every way that you recommended me to do this time, not to regret what I have done.  Thank you again for your time!

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Ryouichi7 Newbie

Ryouichi7   0

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4 minutes ago, Boiler said:

SB1 seems a very long shot, OP has GC and can not be refused entry, could end up in front of an IJ but if that happened likely to be years away and can argue her case then.

I will try every way to go back. One thing I worry is my 82 years old dad he needs help to live in Japan by himself. Thank you for your time and your comment!!

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Lil bear Mentor

Lil bear   4,219

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Filed: Citizen (apr) Country: Australia
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11 minutes ago, Ryouichi7 said:

I will try every way to go back. One thing I worry is my 82 years old dad he needs help to live in Japan by himself. Thank you for your time and your comment!!

Do you have any adult children who are living in the US and are USC21) ? If you do,  one of them can petition for you under IR 5 .  Sibling petitions take many years  Parent petitioned 12 to 15 months. 

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Ryouichi7 Newbie

Ryouichi7   0

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3 minutes ago, Lil bear said:

Do you have any adult children who are living in the US and are USC21) ? If you do,  one of them can petition for you under IR 5 .  Sibling petitions take many years  Parent petitioned 12 to 15 months. 

NO I dont have any children unfortunately. Sibling petition takes that long, then, I will do for returning resident visa. Thank you for your info!!! appreciate it!

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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5 minutes ago, Ryouichi7 said:

NO I dont have any children unfortunately. Sibling petition takes that long, then, I will do for returning resident visa. Thank you for your info!!! appreciate it!

Certainly high risk, let us know how it goes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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TBoneTX Grand Master

TBoneTX   45,309

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from Off Topic to General Immigration Discussion forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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SalishSea Grand Master

SalishSea   17,836

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Filed: Lift. Cond. (apr) Country: New Zealand
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5 hours ago, Boiler said:

OP has GC and can not be refused entry

Really?  People on this site always troll the "only USCs are guaranteed entry" line.

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