Not Losing Your Green Card Through Returning Resident Visa
Posted: Tue Aug 02, 2016 12:14 am
Does anybody in the Forum have experience with this Visa (SB-1)?
http://www.apsanlaw.com/law-212.save--your-green-card---returning-resident-visas.html
The summary is
A former immigrant who has lost U.S. resident status and desires to return to the United States may do so by applying for returning resident status. This loss of residency could occurr when someone statys out of the United States for more than 2 years with a re-entry permit or over one year without a re-entry permit. An application for returning resident status requires evidence of the applicant's continuing, unbroken ties to the United States, that the stay outside the United States was truly beyond the applicant's control and that the intent of the applicant was to always return to the United States. Evidence may consist of continuous compliance with U.S. tax law, ownership of property and assets in the United States and maintenance of U.S. licenses and memberships.
What situations would allow for this Visa? How have Forum member benefited from this? I would be curious to know people's thoughts on this.
I was thinking about situations where members have a Green Card but are not able to wait for US Citizenship before going back to India. This could be because of multiple reasons like taking care of parents or wanting to go back before Kids become too big. However, due to risk in the R2I process, many tend to wait for Citizenship. If there was a way to come back to the US through SB-1, it would benefit some members. Having waited in line for sometimes 10 to 15 years to get the green card, a way back to US, without Citizenship would be a huge bonus for some members. Thoughts?
http://www.apsanlaw.com/law-212.save--your-green-card---returning-resident-visas.html
The summary is
A former immigrant who has lost U.S. resident status and desires to return to the United States may do so by applying for returning resident status. This loss of residency could occurr when someone statys out of the United States for more than 2 years with a re-entry permit or over one year without a re-entry permit. An application for returning resident status requires evidence of the applicant's continuing, unbroken ties to the United States, that the stay outside the United States was truly beyond the applicant's control and that the intent of the applicant was to always return to the United States. Evidence may consist of continuous compliance with U.S. tax law, ownership of property and assets in the United States and maintenance of U.S. licenses and memberships.
What situations would allow for this Visa? How have Forum member benefited from this? I would be curious to know people's thoughts on this.
I was thinking about situations where members have a Green Card but are not able to wait for US Citizenship before going back to India. This could be because of multiple reasons like taking care of parents or wanting to go back before Kids become too big. However, due to risk in the R2I process, many tend to wait for Citizenship. If there was a way to come back to the US through SB-1, it would benefit some members. Having waited in line for sometimes 10 to 15 years to get the green card, a way back to US, without Citizenship would be a huge bonus for some members. Thoughts?