Returning resident visa SB1 (merged)

[angie33 10]

Hi, I lived in the US for 3 years with my husband and came with the k1 visa initially. 
I had the 2 years green card and did the removal of conditions. However, my dad is sick and I left the us with our daughter on September 2019, the removal of condition was still pending. I received the new green card around February 2020 but I’m still outside the US. At first my husband was supposed to come to France with us, but it’s not gonna work out and I need to go back to him. I won’t be able to leave before the end of the year so it’ll be more than a year outside the US and even tho I would come back before the one year mark, I’ve been gone for more than 6 months and can’t go without being sure I will be approved to come back, I’ll have my 2 years old daughter and my dog with me... 

What would be the best options? Abandon the green card and petition for IR1?

Edited May 10, 2020 by Penguin_ie

[Crazy Cat 41,886]

Only an immigration judge can actually end your status as a legal resident.  A legal resident can stay outside the US up to a year.......I would try to return before the one year mark.....and I would be prepared to show that I maintained US residency while away....taxes, communication with your husband, etc.......and I would have evidence of why you were outside the US so long.

 

Also, you might consider an SB-1 visa....

"The SB-1 visa is given to those people who have previously held a US immigrant visa or Green Card. They traveled to a different country for a temporary visit, but due to reasons beyond their control or knowledge, they could not return to the U.S within one or two years and lost their immigration status"

 

 

I'm sure others have more advice.

Edited May 8, 2020 by Lucky Cat

[angie33 10]

Thing is, I left because my dad is sick so I decided to leave... it wasn’t beyond my control. However, I probably can’t come back before September because of all the coronavirus pandemic and the borders are closed in France, not sure I could leave for the US. 
And I’d like to stay until my dad pass away, which is going to happen most likely before the end of this year 

[Angiew33 0]

Hi, I’ve been outside the US since September 2019 With my daughter , came back to France because my dad is sick and in palliative care. I have a 10 year green card and my husband is still in the US. 
I’d like to go back to the US as soon as my dad will be gone. I’m not sure I would qualify for a SB1 visa? The attorney I talked to told me it’s a common reason why LPR spend a certain amount of time overseas, and there will be no issues to get it but I’m not convinced because it is under my control to stay here until my dad pass away. 
plus I’ve been working in France, because I need money to take care of my daughter. 
however, I still have a property in the US, and we did our joint tax this year. 
what are my chances? Should I just go with the whole process all over again? 
i can’t imagine leaving now (with the pandemic) and before my dad pass away. 
 

[Duke & Marie 1,389]

My understanding is you’re permitted to remain outside the US for a year before re-entry issues occur 

[Angiew33 0]

My problem is that I received my 10 year green card in the US when I was already overseas and I can’t imagine leaving before my dad pass away. Which is probably not going to be before the one year mark. I’m trying to see what would be my other options. 

[Pinkrlion 2,722]

You have to file for reentry permit while you are in the US. It will be denied as USCIS will have proof you were overseas. 

[Angiew33 0]

I’m not in the US anymore..

[Crazy Cat 41,886]

2 hours ago, Angiew33 said:

Should I just go with the whole process all over again? 

No, imo.  You should either return before you have been out of the country for a year.....or apply for the SB-1 if you remain outside the US more than a year, imo.   As I told you in your other thread, only an immigration judge can take away your status as a legal resident.  You have maintained your residency by continuing to file taxes, and you still own property in the US.  

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

 

 

Edited May 10, 2020 by Lucky Cat

[Penguin_ie 5,993]

**** Op accidentally made two accounts.  One has now been closed and threads merged *******

[SusieQQQ 11,586]

@Nitas_manis the resident expert on successful SB1, perhaps he can advise OP on options on this front.

[Nitas_man 3,100]

On 5/8/2020 at 5:56 AM, angie33 said:

Hi, I lived in the US for 3 years with my husband and came with the k1 visa initially. 
I had the 2 years green card and did the removal of conditions. However, my dad is sick and I left the us with our daughter on September 2019, the removal of condition was still pending. I received the new green card around February 2020 but I’m still outside the US. At first my husband was supposed to come to France with us, but it’s not gonna work out and I need to go back to him. I won’t be able to leave before the end of the year so it’ll be more than a year outside the US and even tho I would come back before the one year mark, I’ve been gone for more than 6 months and can’t go without being sure I will be approved to come back, I’ll have my 2 years old daughter and my dog with me... 

What would be the best options? Abandon the green card and petition for IR1?

Your husband still in the US?

[Nitas_man 3,100]

On 5/8/2020 at 8:36 AM, angie33 said:

Thing is, I left because my dad is sick so I decided to leave... it wasn’t beyond my control. However, I probably can’t come back before September because of all the coronavirus pandemic and the borders are closed in France, not sure I could leave for the US. 
And I’d like to stay until my dad pass away, which is going to happen most likely before the end of this year 

Pandemic delay is beyond your control

 

 

Read this, all of it.  It was fun

[Angiew33 0]

Yes my husband is still in the us! 

But I’m working while in France... 

[Nitas_man 3,100]

On 5/10/2020 at 11:05 PM, Angiew33 said:

Yes my husband is still in the us! 

But I’m working while in France... 

Filing taxes jointly and declaring that income is a listed way to overcome presumption of abandonment of status.
 

I think you would be approved

Edited May 13, 2020 by Nitas_man