SB1 returning resident visa question

[Mand 1]

Hi

Firstly, apologoes if I have posted this in the wrong forum, I was unsure as to where I should post it.

I am a GC holder (received 4/10/26). We moved back to Ireland (5/29/06) as I was pregnant and wished to have our daughter born near my family. We returned for a visit for 2 weeks to my husband's family 05/10/07 with my GC. Immigratioon cautioned me that I could not do this but let us go on ahead with my GC.

My husband now wants to return home and here's where my questions start! We are looking at moving back in and around February/March 08, so as to allow time to remove conditions (sorry if terminology is incorrect, we've been out of the loop for awhile) :-)

1. Can I use the GC as is? I imagine a resounding NO is the answer to this quesation to be honest.

2. Should I apply for an SB1 returning resident visa and what documentation and timeframe does this involve?

3. Should I surrender my current GC and start a whole new process through DCF?

Thanks in advance

[john_and_marlene 162]

Hi

Firstly, apologoes if I have posted this in the wrong forum, I was unsure as to where I should post it.

I am a GC holder (received 4/10/26). We moved back to Ireland (5/29/06) as I was pregnant and wished to have our daughter born near my family. We returned for a visit for 2 weeks to my husband's family 05/10/07 with my GC. Immigratioon cautioned me that I could not do this but let us go on ahead with my GC.

My husband now wants to return home and here's where my questions start! We are looking at moving back in and around February/March 08, so as to allow time to remove conditions (sorry if terminology is incorrect, we've been out of the loop for awhile) :-)

1. Can I use the GC as is? I imagine a resounding NO is the answer to this quesation to be honest.

2. Should I apply for an SB1 returning resident visa and what documentation and timeframe does this involve?

3. Should I surrender my current GC and start a whole new process through DCF?

Thanks in advance

The GC is for domicile in the US. If you are making your domicile elsewhere, you should surrender it and apply for permanent residence again when/if you wish to live in the US.

[eau_xplain 2]

This is what the USCIS website says about returning residents:

Sec. 42. 22 Returning resident aliens.

( a ) Requirements for returning resident status . An alien shall be classifiable as a special immigrant under INA 101(a)(27)(A) if the consular officer is satisfied from the evidence presented that:

(1) The alien had the status of an alien lawfully admitted for permanent residence at the time of departure from the United States;

(2) The alien departed from the United States with the intention of returning and has not abandoned this intention; and

(3) The alien is returning to the United States from a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond the alien's control and for which the alien was not responsible.

( b ) Documentation needed . Unless the consular officer has reason to question the legality of the alien's previous admission for permanent residence or the alien's eligibility to receive an immigrant visa, only those records and documents required under INA 222(B) which relate to the period of residence in the United States and the period of the temporary visit abroad shall be required. If any required record or document is unobtainable, the provisions of Sec. 42.65(d) shall apply.

( c ) Returning resident alien originally admitted under the Act of December 28, 1945 . An alien admitted into the United States under Section 1 of the Act of December 28, 1945 ("GI Brides Act'') shall not be refused an immigrant visa after a temporary absence abroad solely because of a mental or physical defect or defects that existed at the time of the original admission.

956 FR 49676, Oct. 1, 1991, as amended at 63 FR 48578, Sept. 11, 19980

You have to prove that your permanent residence is here in the US and that your extended stay outside the country is because of factors beyond your control. If you are unable to prove that, then you will have deemed to have abandoned your LPR status.

As such, you will have to start over again. But this time, you will be getting a 10-year GC since you've been married for more than 2 year.

[Mand 1]

Thanks everyone for your replies and help