Friday, September 21, 2012

Q&A: About renewing a green card !?

Question by : About renewing a green card !? In September 5th 1993 I moved to the USA under the status of Permanent Alien Resident (Married with a US citizen with one child T*** born in Italy whilst the father was in a Military base in Sardinia. I obtained my Green Card by going to the Paris Consulate of America (I am a French Citizen, currently living in the UK) where my card was granted based on my husband petition. Upon obtaining my Green card I moved to Raleigh, North Carolina and was (probably due to language barrier) under the impression that this card was only valid for 10 years. Later on, I was advised by various immigrants that it was a lifetime card. This information was more or less correct as I now understand that I was simply supposed to renew my card every 10 years. The initial address recorded for my Green Card was Long Island, New York where my Husband was living then. During the length of the process to obtain my Green Card he moved to North Carolina and the address registered for the immigration remained "New York" as once more, ignorant of the process to follow I was unable to understand what I should have done. Additionally, my husband was very unhelpful or willing to help with this matter and I never really got around making this correction. I divorced in 1998 in Raleigh, North Carolina with T*H** and continued to live and work in North Carolina with my three children (The two oldest ones, French Citizen and T*** above). In 1999, I remarried. My 3rd husband, A*M**, was also an American Citizen. From this marriage were born 2 more children, A*** (Aug. 1999) and B*** (Dec. 2000). In November 2001 A*M** was arrested following allegation I made to sexual abuse on my oldest daughter then aged 12. Although I pressed the charges and it was then proven to be accurate, he was released only 2 weeks later based on a deal he made with the District Attorney and was also allowed to supervised visitations with his children. This situation created a huge amount of stress and the involvement of the DSS. Feeling unsafe, depressed and vulnerable I decided for the sake of my children, to move back to Europe to promote a healthier living far from this ordeal. I intended then to come back to the USA and resume a more peaceful existence once my children would be old enough to understand the gravity of the situation, and the importance to stay away from any contact with their father as well as coping with the stress and damage that my husband had caused. In 2004 I had an offer to move to Scotland with the help of my Manager in ***, where I had been working continuously since March 1996, who found me a similar position in *** (Scotland). I had to make a really quick decision and left within 30 days without having a chance to clarify what would be my Immigration status when I left the USA. Eighteen months later, the *** site in Scotland where I was working, closed down, and I found another position with *** in Newcastle, England. I have now been working on this site since 2006 but just found out that we will shortly be made redundant. With this news, my children T*** (now 20 years old) as well as my 2 youngest children would like to go back to their home country. I also would like to return to the USA but I am not sure where to start on an immigration point of view. Looking at the various explanations on the American Immigration Website, I find myself clueless. My daughter T*** will be 21 in September 2012. I understand that she could potentially petition for me as a close relative when she reaches this age, however it would also imply that she would have to be living in the USA for several months prior to file this petition on my behalf but she is not comfortable at all with the idea of moving alone at her young age far away from her family and without being sure of the outcome of this petition. Did I live illegally in the USA for 1 year (2003 – 2004) as I should have renewed my Green card? Can T*** file a petition from abroad for me due to the circumstances (e.g. young age; not currently settled in the USA)? Was I supposed to file Tax declaration whilst abroad since I did not cancel my Green Card prior to leaving the USA? If I wish to move to the USA by filling on my own for the renewal of a Green Card, should I apply for a renewal? File for a new card? What are my chances of success based on my three children being American citizens? Best answer:

Answer by Tom
You cannot renew the green card after an absence of this duration. Your only option based upon present circumstances if for the daughter to move to the US and petition for you after reaching age 21.

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