Green card surrendered by my parents whilst I was a minor - DS-117

[christaylor]

Hi All,

I would be very grateful for your input before I make the application for returning resident status (DS-117).

When I was a child, my family and I lived in the U.S. and we all had green cards. We then moved back to the UK and my parents gave up their green cards along with mine. (Hugely frustrating I know!) I understand that part of the application is proving that your extended stay out of the country was out of your control. Do you think the argument would hold up that it was out of my control because I was a minor and my parents were making the decision for me?

The second part of the application, which I imagine would harder to argue is why I haven't gone back / kept ties to the U.S. The reason for this is purely financial - I would have loved to go to an American university but the cost was prohibitively expensive coming from abroad so I studied in England. Now, at age 24, having worked for a big American company which has offices in UK and got experience, I feel I actually have something to contribute if I were to be granted resident status.

I'd really appreciate your thoughts on how that all sounds. Do you think I stand a chance or is it wishful thinking?

Many thanks,

Chris

[inadmissible]

How long have you been outside the United States?

[christaylor]

13 years. A long time I know.

[inadmissible]

I think you have a fair chance, and it certainly worth the MRV fee and taking a day off work to give it a shot.

Can you ask your parents to find your expired green card? As a practical matter, aliens give up their permanent residency by abandoning their US domicile. Nobody really makes an appointment with USCIS or the consulate abroad to hand over their green cards.

What was the gap between your graduation and working for this American firm? Are you working for the actual United States based corporation, or are you for its British based affiliate/subsidiary?

[christaylor]

Thanks for replying so quickly. Yes, I still have the expired green card, although the picture was taken when I was an infant so there's no resemblance, but all the crucial information is there like name, DOB and alien number.

There was a two and a half year gap before working for the company during which I was freelance, finding my feet and building my CV. I know it's a gap but I am hoping the consular officer who interviews me would understand that I wanted to bring a set of skills to the country. It's the British-based arm of the company so the same company name but with 'UK' after it, if that makes sense. From what I've read, there aren't necessarily "definite" rules about DS-117 and that it often comes down to the interpretation of the interviewing officer. Is that right?

Many thanks for your help.

[inadmissible]

From what I've read, there aren't necessarily "definite" rules about DS-117 and that it often comes down to the interpretation of the interviewing officer.

There are some rules that govern the consular officers decision making, but yes to some extent it is a "judgement call" by the CO and his/her manager.
Please read the notes to the Department of State Foreign Affairs Manual, section 42.22 http://www.state.gov/documents/organization/87545.pdf

I think it is totally worth the application fees, taking a day off of work, and perhaps filing back taxes, to getting a shot at regaining United States permanent residency.

[christaylor]

Thank you for that information, it's really useful.

From an initial look at the IRS website you need a social security number - which I no longer have - to file back taxes but I will do some research into whether it's possible.

I will definitely make the application and let you know the outcome for future reference. Thanks for all your help.