QUESTION
How can I re enter the US if I had been traveling back and forth?
Asked on Sep 02nd, 2011 on Immigration - Georgia
More details to this question:
Both of my parents are US citizens and I have lived in US for several years, but I was studying abroad, so I was going back and forth every year. Two years ago I didn't make it to come back. I was a little bit over one year outside of the US. I immediately contacted the nearest US Embassy and I was told I can't reenter US. A year later, after doing some research on the Internet, I have found out that I have many options. I refer to you for help. I believe I fit in this category - Form I - 130 - my mother can apply for this application based on a family preferences. When this form is applied for, I learned that I can apply for non - immigrant K4 visa to stay in US studying or working while this procedure is pending. I would like to is all of the above correct and do you have any suggestions or comments that would help me as a returning resident or recommended application to preserve residence for naturalization purposes? I would also like to add that I still own US green card valid to 2013. and US driving license valid to 2012.
6 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If you stayed outside US more than 365 days, there is a non-rebuttable presumption that you abandoned your status. But you can challenge that in immigration court if you can show that your absence from US was for reasons outside your control. The other options you mention are not fully researched and therefore, not accurate.
Answered on Sep 14th, 2011 at 11:40 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If your parents are United States citizens, you might be a citizen if one of them naturalized before you turned 18. If not, they can petition you again. You are resident until it is determined that you abandoned your residency. I need more details to provide a more detailed response.
Answered on Sep 14th, 2011 at 7:24 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If there is a good reason for you to have stayed outside the US, you should apply for a returning resident (SB-1) visa.
Answered on Sep 13th, 2011 at 3:00 PM
Business Litigation Attorney serving Chicago, IL
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Law Offices of Peter Y. Qiu
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Your case presents some complex issues. A detail factual analysis is necessary before a conclusion may be made.
Answered on Sep 13th, 2011 at 10:38 AM
This is incorrect. There is no such thing as a K-4 that will fulfill this purpose. The K-3 and K-4 visas are for those spouses and stepchildren who are petitioned by U.S. Citizen Spouses. Your parent will have to file a new I-130 petition, but there may be other options, as well. I strongly recommend an appointment. More information is needed. I may make other recommendations. Let me know if I should send our intake forms.
Answered on Sep 13th, 2011 at 5:56 AM
Additional information is needed in order to assess your situation and to recommend a course of action. Note that if you were a Lawful Permanent Resident under age 18 at the time your parents became U.S. citizens, then you automatically may be a U.S. citizen. Whether you fit all the requirements for automatic U.S. citizenship, or need to determine the most appropriate immigration strategy under your circumstances, there is no substitute for engaging an immigration attorney to carefully review your situation and advise you about eligibilities and strategies.
Answered on Sep 13th, 2011 at 5:38 AM