> Married 10 years ago in the US. Had a lot of trouble with immigration
> (mostly due to their incompetence) but finally 5 years later got my
> green card without conditions.
>
> One year later we spontaneously decided to move back to the UK, and I
> was on a plane a few days later. Husband stayed behind to clear up
> everything and so we could apply for his UK visa. A few days after I
> arrived back, I discovered I was pregnant, and felt like there was no
> changing our minds after that, so stayed.
>
> 4 years and two children later, we have made the decision to move back
> to the USA. I have been out of the country so long, I assume my green
> card has been "abandoned". I accept that I will have to reapply, but
> wonder if it will be easier or harder given the fact I have had one
> before, and already have a social security number, etc. We'll be
> doing this through the US Embassy in London, I am wondering what sort
> of time-scale we are looking at once we file, and how much it will
> cost. We already have both the kids as duel citizens sorted, so it's
> just me that is the problem. Also, how long after I have the new
> green card is it before I can start the naturalisation process? I
> don't want to have to deal with immigration ever again after this!!
>
> Any advice greatly appreciated.
Others are more knowledgable about this then I am, but my guess is
you'll have to start the greencard process over again.
Before doing that, you should see if you can provide proof that your
time away was not intended to break residence. The burden of proof is
on you. Perhaps with a lawyers help or some good research and writing,
there is hope you won't have to start it all over again, but you were
gone a long long time.
If you have to get a new greencard, 3 years after the date of your
permanent residence (new date) you can apply for citizenship (if that is
your intent, (it allows you to travel for longer periods of time among
other things) You'll have to meet the residency requirements (in
general no trips out of the country more than 6 months)
If you don't need a new greencard, my guess is you'll need a minimum of
3 months stay in the same area before you can apply for the n-400
Application for Citizenship. (That's a requirement for all N-400 filers)
In addition, the tax requirements are another factor in the n-400. must
file taxes for the USA or clean it up with the IRS before you should
apply for citizenship.
--
Posted via http://britishexpats.com |