Returning Resident Visa

[dhm2 0]

Hello,

 

My husband applied for removal of conditions from us 2 year residency we received in 2017. We never received an interview and we were given an 18 month extension on his residency. During that time, his family passed away in a car accident in his home country. We traveled for the funeral and 3 days later the pandemic shut the country down. His visa expired while we were here. Now we are being told we need to apply for a returning resident visa at a neighboring embassy since the country we are in does not have an embassy. My question is that we need to get his paperwork straightened out in the US, but I can only get a travel permit to leave Venezuela for 3-6 months. How would you go about doing this? Also, we are now employed overseas with a US organization. When should we consider applying for citizenship?

[Boiler 45,486]

You seem to have ticked most of the boxes for abandoning residence.

 

Obviously your call but I do not see a SB 1 going anywhere.

 

I assume you are the USC, it does not make much sense otherwise. I do not understand the need for the permit to leave Venezuela.

 

Citizenship of Venezuela?, I have no idea how that works.

[aaron2020 11,651]

Your husband is unlikely to get an SB-1 visa.  He has to prove that "it was beyond his control" to return to the US.

 

The fact that he and you took overseas jobs points to abandonment of his green card status.

 

You should consult with a US immigration lawyer.  

 

US citizenship is off the table.  You have a green card abandonment issue.  He has also broken residency and physical presence rules for US citizenship.  

[Mike E 11,739]

 

I agree that the returning resident (SB-1) is unlikely to be granted.  Similar a Lincoln boarding foil is unlikely to be granted.  
 

Legally he is an LPR until a judge says he isn’t.  

 

His problem is that he doesn’t have a document that permits him to board a flight to the USA. 
 

options:

 

1. maybe his 10 year green card gets issued and sent to the address of record.  Someone then brings it to him. Now he can fly home. If CBP processes him as an arriving alien follow playbook in link of point 2 below.  

 

2. He goes to Mexico and from say Juarez or TJ, walks into Mexico with his expired green card and expired extension letter. In principle he should be admitted. He might be processed as an arriving alien versus a returning resident.  If so, follow the play book at https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case

 

3. Like 2, but he files I-193 at the border too.  
 

Paging @mindthegap

 

 

Worry about citizenship 3 years, less 180 days after he returns to the USA.  

Edited January 28, 2022 by Mike E

[powerpuff 6,697]

~ Moved from AOS K1/K3 to Working & Traveling during US immigration ~

[carmel34 3,626]

19 hours ago, dhm2 said:

My husband applied for removal of conditions from us 2 year residency we received in 2017. We never received an interview and we were given an 18 month extension on his residency. During that time, his family passed away in a car accident in his home country. We traveled for the funeral and 3 days later the pandemic shut the country down. His visa expired while we were here.

When did he apply for ROC?  Have you checked with USCIS to get a status update on the I-751?  Has he checked his USCIS online account?  I'll assume that 2017 was the date the conditional green card was received, and that he applied for ROC in 2019.  Did you notify USCIS of your change of address?  Or do you maintain a US mailing address?  If he can get back to the US via Mexico land crossing and is admitted, he could go to the I-751 interview with you when it is scheduled and get a 10-year card.  If that does not work, you will have to apply for a spousal visa for him, via an I-130 petition.  You can file that online now and it will take 1-2 years before he gets an IR-1 visa to re-enter the US with a 10-year green card.  As a USC, make sure that you continue to file US income tax returns with the IRS.  Good luck!