What can I do about abandonment issues with green card? 3 Answers as of June 08, 2011I am ,a green card holder and presently living in Iran. (I got my green card though a marriage to an American which last 8 1/2 year back in 1982). I lived in U.S.A from 1979 to 1992, which during this period got my B.S and M.S degree in computer science from university of Detroit in Michigan. After finishing school worked in Chrysler Motor in Michigan and in Zeos international in Minnesota as computer Specialist . Then in 1992 returned back to Iran until now. (Due to circumstance beyond my control could not come back to usa until today) Now I am married to Iranian and have two kids and we have decided to come back to America to stay. Please advice me about the procedure, which I should go through in order to get my permanent residency: thanks.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
You should speak with an attorney, more likely than not your green card would be considered abandoned. You may however qualify for asylum or a refugee status. Contact my firm for a free consultation.
Answer Applies to: New York
Calderón Seguin PLC | Ofelia L. Calderon
Honestly, I really doubt that you are getting your permanent residence back. 2011-1992 = 19 years. That is 19 years since you were in the U.S. Abandonment of permanent residence happens after a single year. The key to these cases is intent, but I think it will be very difficult for you to show that you intended to return to the U.S. for the last 19 years but simply failed. I hate to sound redundant on this site, but you really need to have a real consult with an attorney.
Answer Applies to: Virginia
Fong & Associates | William D. Fong
It would be extremely difficult to prove up that you were unable to return to the US from 1992 to 2011; that's almost twenty years. As such, the officer is unlikely to issue you a returning resident visa (SB-1), and if you attempted entry to the US on your current card, you would likely be deemed to have abandoned your permanent residence, as you have been outside the US for over 6 months.
Answer Applies to: Texas