outside US long periods with ROC pending

[marcolan 2]

 

Hello,

 

I know my situation is complicated and kinda of risky I would like to know what you guys think about that, or if you know any similar case

 

Im gonna be very honest:

 

So I applied for ROC in September 2020 and Im waiting.  ( GC expired OCT 2020 )....I filed the Divorce Waiver after getting divorced from an abusive relationship. 

 

Unfortunately on DEC 23th 2021 I got injured playing volleyball and I broke my finger ( left hand ) . Im left handed and I was working for a call center I had to quit my job coz I just could not handle the pain in my hand when I was typing

 

I went to ER, where they put a splint in my hand, however I would had to see an orthopedist for follow up. I did not have money to pay the doctors or the treatment, so my parents just sent me a ticket to visit they overseas and see a doctor.

Turns out the injury in my finger is really bad and its going to require months of treatment ( IF it gets better ).

 

Right now I dont know for how long Im gonna have to stay overseas to take care of this finger. Im 100% sure that I can't afford the treatment in the US...

Also, if I go back to the US now its gonna be a little complicated to work since my hand ( finger ) is messed up.

 

So I think the best idea right now ( at least for my health ) it is to stay here with my parents until I get better. Here I dont have to work, Im pretty much doing the treatment for my finger and studying FULL TIME ( I plan to take the United States Medical License Examination step 1 in November ( Im a physician overseas and my plan is to become a physician in America ), my parents are paying for my medical treatment....

I was thinking about going to the US before the 6 month mark hit and again before my extension letter expire ( my 24 month extension letter expires in November 2022 )....

 

So do you guys think Im gonna get in trouble for being overseas while waiting for ROC? Im keeping up with all the letters from USPS. I still have my "address" in the US I was living with my best friend so any letter they send me, or RFE Im gonna be aware of...

thank you guys

 

 

 

 

 

 

 

Edited January 30, 2022 by marcolan

[Timona 4,207]

Seems like a precious finger. How are you typing this if you couldn't do anything? Your story doesn't add up but the answer to what you seek is below 👇

 

Just make sure you get back before it's too late. By the way, if you are requires to attend interview, they'll ask if you've been overseas within 14 days. So put that in mind. 

 

Most interview notices are 3 weeks in advance. So l, I hope you have a good plan of getting a flight within a week (due to what I just mentioned above).

 

Edited January 30, 2022 by Timona

[Rocio0010 5,579]

1 hour ago, marcolan said:

the pain in my hand when I was typing

 

Then (I'm just curious), how are you typing this here?

 

1 hour ago, marcolan said:

I was thinking about going to the US before the 6 month mark hit and again before my extension letter expire ( my 24 month extension letter expires in November 2022 )....

Are you coming back again for the second time to stay here?

[Mike E 11,739]

lol folks people with fewer than 10 fingers figure how to type all the time.  Often I type with one hand while holding the phone 
 

1. Document the treatment and provide credible evidence of its cost in the USA.  
 

2. come back to the USA now and file I-131 to get a re-entry permit. 
 

3. after filing I-131 you are good for two years, or until the permit expires, or the I-131 is rejected.  
 

4. I-131 might require new biometrics if USCIS doesn’t reuse. You will have to come back for that.  
 

5. if you have an interviewed scheduled after your extension letter expires, your temporary I-551 expires and no re-entry permit you are in bad shape.  Do have the 2 year or 18 month extension letter?

 

 

Edited January 30, 2022 by Mike E

[marcolan 2]

@Timona well, Im not lying…. I could not do the job…..typing here is easy!!!

 

@Rocio0010 I dont know yet, I dont know how long is gonna take for my finger get better, I mean to recover 100%. It might take 6 months, 1 year. I dont know. 
 

@Mike E but if I apply for a reentry permit now its gonna expire with the 24month letter right? So I dont see the point

[Timona 4,207]

4 minutes ago, marcolan said:

@Timona well, Im not lying…. I could not do the job…..typing here is easy!!!

 

@Rocio0010 I dont know yet, I dont know how long is gonna take for my finger get better, I mean to recover 100%. It might take 6 months, 1 year. I dont know. 
 

@Mike E but if I apply for a reentry permit now its gonna expire with the 24month letter right? So I dont see the point

 

I understand. I guess those overseas keyboards are super ergonomic.

 

 

Edited January 30, 2022 by Timona

[Rocio0010 5,579]

Look into SB-1 (though to my understanding it is for situations that were not under your control)

SB-1

[Mike E 11,739]

13 minutes ago, marcolan said:

 

 if I apply for a reentry permit now its gonna expire with the 24month letter right? So I dont see the point

I don’t know if it will expire with the 24 month letter or not. The point this that you want to spend most of the next 366+ days outside the USA. That requires a re-entry permit.  
 

10 minutes ago, Rocio0010 said:

Look into SB-1 (though to my understanding it is for situations that were not under your control)

SB-1

Waste of time, imho.  OP has it in OP’s control to apply for re-entry permit(s).  I don’t see why State would issue an SB-1 when OP can go between USA and the other country at will.  There is a legal hypothesis that a denied SB-1 makes it more likely CBP will treat the returning LPR as an arriving alien and issue a notice to appear in immigration court for removal. So not just a waste of time but possibly a bad idea 

 

Edited January 30, 2022 by Mike E

[marcolan 2]

9 minutes ago, Timona said:

 

I understand. I guess those overseas keyboards are super ergonomic.

 

 

🤗🤗🤗🤗

Thank u. U are really sweet! 

[Rocio0010 5,579]

17 minutes ago, marcolan said:

dont know yet, I dont know how long is gonna take for my finger get better, I mean to recover 100%. It might take 6 months, 1 year. I dont know. 

Is the exam computer- based?

[marcolan 2]

20 minutes ago, Timona said:

10 minutes ago, Mike E said:

I don’t know if it will expire with the 24 month letter or not. The point this that you want to spend most of the next 366+ days outside the USA. That requires a re-entry permit.  
 

Waste of time, imho.  OP has it in OP’s control to apply for re-entry permit(s).  I don’t see why State would issue an SB-1 when OP can go between USA and the other country at will.  There is a legal hypothesis that a denied SB-1 makes it more likely CBP will treat the returning LPR as an arriving alien and issue a notice to appear in immigration court for removal. So not just a waste of time but possibly a bad idea 

 

Information about reentry permits are very limited specially during removal of conditions, I read its taking 18 months to get approved… its all very confusing…. I mean, my 24 months letter expires in october so Im gonna have to stay in the US to get the stamp… unless my case is approved before that…. Everything is really confusing. … if my green card gets approved before the 24 months expire I ll apply for the reentry permit when the green card gets approved. If it doesnt get approved before the 24month Im gonna apply for the reentry permit after I get the Stamp on my passport … but I hope im able

to move back to the US this year yet

Edited January 30, 2022 by marcolan

[Timona 4,207]

7 minutes ago, Rocio0010 said:

Is the exam computer- based?

Verbal. 

 

3 minutes ago, marcolan said:

 

 

Rentery permits are taking 8 months atm. 

Being that you filed with a divorce waiver, you will most likely get an interview.  

[iwannaplay54 985]

9 hours ago, marcolan said:

 

Hello,

 

I know my situation is complicated and kinda of risky I would like to know what you guys think about that, or if you know any similar case

 

Im gonna be very honest:

 

So I applied for ROC in September 2020 and Im waiting.  ( GC expired OCT 2020 )....I filed the Divorce Waiver after getting divorced from an abusive relationship. 

 

Unfortunately on DEC 23th 2021 I got injured playing volleyball and I broke my finger ( left hand ) . Im left handed and I was working for a call center I had to quit my job coz I just could not handle the pain in my hand when I was typing

 

I went to ER, where they put a splint in my hand, however I would had to see an orthopedist for follow up. I did not have money to pay the doctors or the treatment, so my parents just sent me a ticket to visit they overseas and see a doctor.

Turns out the injury in my finger is really bad and its going to require months of treatment ( IF it gets better ).

 

Right now I dont know for how long Im gonna have to stay overseas to take care of this finger. Im 100% sure that I can't afford the treatment in the US...

Also, if I go back to the US now its gonna be a little complicated to work since my hand ( finger ) is messed up.

 

So I think the best idea right now ( at least for my health ) it is to stay here with my parents until I get better. Here I dont have to work, Im pretty much doing the treatment for my finger and studying FULL TIME ( I plan to take the United States Medical License Examination step 1 in November ( Im a physician overseas and my plan is to become a physician in America ), my parents are paying for my medical treatment....

I was thinking about going to the US before the 6 month mark hit and again before my extension letter expire ( my 24 month extension letter expires in November 2022 )....

 

So do you guys think Im gonna get in trouble for being overseas while waiting for ROC? Im keeping up with all the letters from USPS. I still have my "address" in the US I was living with my best friend so any letter they send me, or RFE Im gonna be aware of...

thank you guys

 

 

 

 

 

 

 

We lost (well surrendered) a green card playing this game.  
We got it right back (just re-filed).  You’re at a disadvantage because you no longer qualify for stand-alone immigration benefits.

You’re playing with fire here by leaving the US then enrolling in school overseas.  You ask for advice.  Advice is:  Get back to the US within your 6 month window and stay put until your conditions are lifted.  
You know the conditions on a green card.  The number one is to reside in the US.  You’re opening a door you should not open.

 

NOTE:  The best sports medicine surgeons on the planet are in the US.  I am having difficulty believing you need to be overseas for months to years to get a finger treated when an average surgeon in Houston can completely rebuild a shattered hand in an afternoon.

Edited January 30, 2022 by iwannaplay54

[iwannaplay54 985]

5 hours ago, Mike E said:

I don’t know if it will expire with the 24 month letter or not. The point this that you want to spend most of the next 366+ days outside the USA. That requires a re-entry permit.  
 

Waste of time, imho.  OP has it in OP’s control to apply for re-entry permit(s).  I don’t see why State would issue an SB-1 when OP can go between USA and the other country at will.  There is a legal hypothesis that a denied SB-1 makes it more likely CBP will treat the returning LPR as an arriving alien and issue a notice to appear in immigration court for removal. So not just a waste of time but possibly a bad idea 

 

As OP no longer qualifies for stand-alone immigration benefits (divorced) SB-1 is not a valid option.

SB1 has two steps:  Application to determine if you are eligible followed by application for the visa itself.  One of the things you submit with the first application is the green card.

 

I have always been curious - if denied - does the applicant get the green card back.  Not sure they do after a legal determination that they do not qualify as a returning resident.  
 

The answer to that is nowhere.

Edited January 30, 2022 by iwannaplay54

[iwannaplay54 985]

6 hours ago, marcolan said:

@Timona well, Im not lying…. I could not do the job…..typing here is easy!!!

 

@Rocio0010 I dont know yet, I dont know how long is gonna take for my finger get better, I mean to recover 100%. It might take 6 months, 1 year. I dont know. 
 

@Mike E but if I apply for a reentry permit now its gonna expire with the 24month letter right? So I dont see the point

Your permit will expire with the letter but will save your US residency until that time.

22 minutes ago, iwannaplay54 said:

As OP no longer qualifies for stand-alone immigration benefits (divorced) SB-1 is not a valid option.

SB1 has two steps:  Application to determine if you are eligible followed by application for the visa itself.  One of the things you submit with the first application is the green card.

 

I have always been curious - if denied - does the applicant get the green card back.  Not sure they do after a legal determination that they do not qualify as a returning resident.  
 

The answer to that is nowhere.

At least I couldn’t find it.