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  • returning resident visa

    I am wondering about the possibility of obtaining a returning resident visa.
    I had a green card (permanent resident visa) which was valid until 2008. This was sponsored by my father, who is an american citizen.
    We lived in the US for two years, 1998-2000, and since then I have been living abroad.
    Now I am getting engaged to a US citizen, and am planning to move back to the US.
    The fiancee visa is very long, and I am wondering whether I would count as eligible for a returning resident visa.
    The embassy answered me with the official requirements for the returning resident visa, but I have no way of predicting their decision.
    I have lived abroad for 15 years.
    Has anyone had a similar experience?
    Thank you

  • #2
    Three things:

    You don't sound like the kind of alien who will be issued a SB-1 Returning Resident visa. They are for folks who.maintain ties to the US (maintained a residence, paid taxes, voted by mail) and ended up staying abroad for extraneous circumstances.

    You might be able to get an immigrant visa based on your dads original F1 relative petition. The advantage is that you would get an unconditional green card without being beholden to your spouse. This wouldn't work if it was an Immediate Relative petition.

    You've been gone for 15 years... What is another year to wait? You had a good eight years abroad to think about your right to return, and you weren't particularly interested in preserving that right.

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    • #3
      Thank you.

      I have some further questions:

      I was a child when my family left the US. and am 24 now. I was in school, then mandatory national service, and I am just finishing my degree, so this is the first time I can actually choose to return to the US.
      Staying near my parents these years when I was growing up would be regarded as 'reasons beyond my control' for staying outside the US, wouldn't it?
      I have kept in contact with my uncle and his family in the US all these 15 years, and with my fiance's family in the last 3 years. I have flown back and forth.
      Would these things support, or serve as 'proof' for my intent to return?
      Would having an american fiancee support my case for a returning resident visa?

      What do you mean by "I might be able to get an immigrant visa based on my dad's original F1 relative petition" ?
      Does this mean I wouldn't have to go through the process from the beginning? Would it shorten it? How do I do this?
      I couldn't find any answers on the official websites about applying for a green card for the second time.
      Is there any category for my type of application, or would I have to start from the beginning, for a family preference visa?

      Many thanks!

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