Very messy situation, need immigration advice please!!

[Pinkclouds 3]

Hello all, I am looking for immigration advice and help.

 

I first became a permanent resident of America at age 14. I am a British citizen, my mother married an American. I have lived in America from ages 14-27. 

 

I married an American citizen at age 22 as a permanent resident and read that I had to wait 5 years before I could apply for citizenship. We have one child together, in February 2021, we separated and I went to spend time with my family in England in April 2021 during the end of covid lockdown. My husband refused to allow my child to come with me. I was unvaccinated and while and due to the circumstances, I ended up staying out of America and I'm England for over a year.

 

 

I am now trying to get back into America. I am wondering how it will work regarding getting divorced. My ex and I have agreed to divorce however, he'd like to do before I apply for my rentry visa.

 

Will this effect my resident status or probability of getting citizenship after I reenter the country?

 

Does anyone have any advice for me? I would appreciate any helpful advice at all. 

 

Thanks,

Pinkclouds 

[Pinkrlion 2,724]

You are already a LPR, if your parents re-applied for your GC when they should have, you were issued a 10 year GC and your marriage and divorce have nothing to do with that.  If anything that will affect your ability to apply for citizenship is the amount of time that you were outside of the US.  

[Boiler 45,795]

If your mother naturalised and depending how old you were then you might be a USC

 

You could file in the UK or he could in the US most court cases seems to be handled remotely 

What is your long term plan?

 

[Timona 4,208]

You're probably may have be a citizen before you turned 18 IF your mother became one before your 18th birthday. Do you know if your mom was? Lemme call @Boiler

 

Regardless of above, tour divorce cannot affect your residency. You didn't even get your GC from him in the first place. 

2 minutes ago, Boiler said:

If your mother naturalised and depending how old you were then you might be a USC

 

You could file in the UK or he could in the US most court cases seems to be handled remotely 

What is your long term plan?

 

 

You're already here.🤗😅🤦🏽‍♂️

[powerpuff 6,744]

~~ Topic moved from AOS K1 to General immigration Discussion ~~

[Pinkclouds 3]

@Boiler hi, thanks for the reply. My mother never naturalized. She left 6 years ago back to England.

 

My long term plan is to reenter America and become a citizen as I have a child there. 

 

I'm really not sure what to do and the more time I'm out of America the harder it will be for me to reenter. I'm really scared. 

[Pinkclouds 3]

@Pinkrlion hi, thanks for the reply. If that's the case, how would I regain legal entry in America and apply for citizenship if I don't have a sponsor? I am technically still married.

Edited July 2, 2022 by Pinkclouds

[Boiler 45,795]

1 hour ago, Pinkclouds said:

@Boiler hi, thanks for the reply. My mother never naturalized. She left 6 years ago back to England.

 

My long term plan is to reenter America and become a citizen as I have a child there. 

 

I'm really not sure what to do and the more time I'm out of America the harder it will be for me to reenter. I'm really scared. 

Your short term plan needs to be to reenter asap. Citizenship is some way away.

[mushroomspore 3,044]

1 hour ago, Pinkclouds said:

@Pinkrlion hi, thanks for the reply. If that's the case, how would I regain legal entry in America and apply for citizenship if I don't have a sponsor? I am technically still married.

The citizenship process does not require a sponsor. And if you have a valid unexpired physical green card, you should make it to CBP at least. Being out for over a year will definitely raise questions so be prepared for that. Not sure how lenient they will be due to COVID and the fact you have a child involved but be truthful and concise. At the end of the day though, only an immigration judge can revoke your permanent resident status. CBP doesn't have that power. 

[Mike E 11,741]

5 hours ago, Pinkclouds said:

 , I ended up staying out of America and I'm England for over a year.

Return now before you accrue 2 years of absence. 

 

Refuse to sign I-407

 

Read these links until you understand them:

 

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case

 

https://www.aila.org/File/Related/18110604b.pdf
 

https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf
 

[Loren Y 2,756]

1 hour ago, Mike E said:

Return now before you accrue 2 years of absence. 

 

Refuse to sign I-407

 

Read these links until you understand them:

 

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case

 

https://www.aila.org/File/Related/18110604b.pdf
 

https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf
 

Follow these instructions, and you will be fine. as stated, DO NOT sign I-407 relinquishing your green card and LPR status. Depending on the CBP officer you get, most are fairly reasonable and won't give you a hard time, be honest, and other then a Stearn warning at the most, they will let you in.

[Family 4,077]

9 hours ago, Pinkclouds said:

My ex and I have agreed to divorce however, he'd like to do before I apply for my rentry visa.

Your soon to be ex is welcome to file divorce at any time, but he can put conditions or influence  on your immigration status or re-entry into the US as an LPR. 
You focus on getting back home 

[TBoneTX 45,704]

4 minutes ago, Family said:

he can put conditions

I think that Family meant "can't."  

[Family 4,077]

Yes. Forgive typo

[Pinkclouds 3]

@Mike E

 

Thank you so much for the links! I really appreciate your help. Would the CBP request I sign a I-407? Is this why I would have to refuse it? 

 

 

Does anyone know how the experience will go after I land back into America? Will this all be done at the airport or somewhere else?