How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109597
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
9200179
Type Your US Law Question Here...
Guillermo Senmartin is online now

I hold a permanent resident card for U.S.A. but I have resided

Resolved Question:

I hold a permanent resident card for U.S.A. but I have resided in the U.K for 3 years so it is out of date. Can I go to the embassy in London without an appointment to get the renewal started.If not can you give me a phone number where I can speak to somebody.
Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.


I may have some very bad news for you. It is called Residency because you are supposed to be residing in the U.S. to maintain it. I have a meeting in a little bit and I have to log off, but I will be back with you in a couple of hours. In the meantime, I have a few quesions for you:

1) Did you apply for a Re-Entry Permit before leaving the U.S.?

2) Why are you living outside of the U.S. when you should be living inside of the U.S.?

3) How did you obtain the green card originally?

4) Are you over 21?

5) Single or married?

6) Have you been at least traveling to the U.S. every 6 months? (ofter people believe this is enough and it is not)

7) Are you employed in the UK?

8) Have you been paying U.S. taxes every year?

9) Have you been maintaining a home in the U.S.?

10) Do you have any immediate family in the U.S. including and especially a spouse and/or minor children?

As I said, I will be back with you in a few hours. Sorry for the delay.
Customer: replied 3 years ago.

no


I was divorced and decided t o return to U.K.


Married n American and proceeded from there.


yes


single


no


unemployed at present


Paid taxes whilst there


no home in U.S.


My ex wife and myself have decided on a reconcilliaton

Expert:  Guillermo Senmartin replied 3 years ago.
Well, unfortunately, you abandoned your Residency a few years ago. Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.


Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

Here is an official link:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence



This will become a problem in one of your trips back into the U.S., when you apply to renew your residency card, or when you apply for U.S. Citizenship.


If you tried to use it to enter the U.S., they would confiscate the card, parole you into the U.S., and schedule you for removal (deportation) before an immigration judge where you would have a chance to prove that you did not intend to abandon it. But stating that you did not intend to abandon it is not enough. This is why I asked if you paid U.S. taxes, maintaing a home in the U.S., etc. So since you did none of those things, a judge will find that you abandoned your status a long time ago.

To avoid all that, you will need to file an I-407 abandonment of Residency form to make it official, and then when you reconcile with your ex, you marry and file for a new Residency status. There is no penalty for having had one and then having abandoned it.

Here is a link on the K-3 or CR-1 process which you can use to apply to get Residency again:

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance.html

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. After you rate positively, a bonus is always appreciated, and I can still answer additional questions for you without additional charge. Please do not log off without rating positively. It is VERY important for me to receive credit since I receive no salary. You are not charged again. If you would like to request me in the future, just type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 3 years ago.

If I file form1 407 will I then be allowed to enter U.S. without problems.


Would I have to re marry to apply for a new residency card or would it be possible to just live together.


Would it help if I had a new sponsor.


 


 


 


 


 


 


 


 


 


 


 


 


 

Expert:  Guillermo Senmartin replied 3 years ago.
You would have to re-marry and apply for a new Residency. While you are not penalized for turning in the one that you previously abandoned, you don't get any points or benefits for having had one previously. So no, you won't be able to just live together. You'd have to marry and apply for a new Residency status. I am truly sorry. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo Senmartin and other US Law Specialists are ready to help you