# Green Card Issues



## In trouble (Jun 8, 2009)

Hey guys... i have a little problem and maybe you guys could help me. The thing is, I have a green card since I was seven years old.. I am now 23. I have lived in america most of my life. My problem is, I got pregnant when I was 19. I had my daughter in new york, but i ran into some problems with her father. He turned out to be really crazy and tried to kill me a couple of times. He knew where my whole family lived, so my only option was to leave the country in the middle of the night to get away from him. So i came back to Ireland. The problem is i have been out of the country for a little over 3 years and i'm scared they won't let me back in, because i have abused the rules of my green card. but i had no other choice. He was going to kill me!!! About a year after i came home, a friend of mine came to see me. Our friendship quickly turned into a relationship, and this week i found out that i was pregnant. Now i want to go live with him and be a happy family. Does anybody know what my chances are???:confused2:


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## Skippy13 (Oct 1, 2008)

In trouble said:


> Hey guys... i have a little problem and maybe you guys could help me. The thing is, I have a green card since I was seven years old.. I am now 23. I have lived in america most of my life. My problem is, I got pregnant when I was 19. I had my daughter in new york, but i ran into some problems with her father. He turned out to be really crazy and tried to kill me a couple of times. He knew where my whole family lived, so my only option was to leave the country in the middle of the night to get away from him. So i came back to Ireland. The problem is i have been out of the country for a little over 3 years and i'm scared they won't let me back in, because i have abused the rules of my green card. but i had no other choice. He was going to kill me!!! About a year after i came home, a friend of mine came to see me. Our friendship quickly turned into a relationship, and this week i found out that i was pregnant. Now i want to go live with him and be a happy family. Does anybody know what my chances are???:confused2:


how did you abuse your GC? You are a GC Holder, I dont believe there are any rules about leaving the country....


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## In trouble (Jun 8, 2009)

Skippy13 said:


> how did you abuse your GC? You are a GC Holder, I dont believe there are any rules about leaving the country....


yes there is. You're only allowed up to six months and then you get some trouble and if its over a year, they take it away from you unless you have a good excuse as to why you were out of the country for so long...


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## twostep (Apr 3, 2008)

A GC holder can be held inadmissable after six months outside the US.
A GC holder can request a stay outside the US for the duration of up to one year.

Has the poster filed US taxes while in Ireland? Have police reports .... been filed regarding the alleged estranged husband .... The poster indicates she is aware of not handling her GC affairs correctly. Basically she abandonned ther GC and its rights/duties but now a change in her life makes the GC desirable.


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## In trouble (Jun 8, 2009)

twostep said:


> A GC holder can be held inadmissable after six months outside the US.
> A GC holder can request a stay outside the US for the duration of up to one year.
> 
> Has the poster filed US taxes while in Ireland? Have police reports .... been filed regarding the alleged estranged husband .... The poster indicates she is aware of not handling her GC affairs correctly. Basically she abandonned ther GC and its rights/duties but now a change in her life makes the GC desirable.


I was 19 years old with a baby and no where to turn. I have multiple stab wounds.. several police reports that were never dealt with correctly, and he has a very long criminal record including 2 felonies. he was 20 years older than me. he came to my familys house with a gun and threatened to kill my whole family if i didn't leave with him. he raped my best friend... would you have liked me and my daughter to stay so we could have lost our lives for the sake of a green card, or should i have been a mother and gotten out of there???? do you have children??? do you know what its like to have a man beat you everyday?? for him to tie you to a bed for three days while he's gone in search of other women??? maybe i should have let him kill me....at least i'd have my green card, right????


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## Davis1 (Feb 20, 2009)

If you spend more than *one year away *without first applying for a Re-entry permit, or if you do not maintain a residence in the US, and/or you do not continue to file your US taxes, you may lose your green card status.

A reentry permit gives you up to 2 years but can be renewed 

With your story an application for a Returning Resident (SB-1) Visas may be possible 
would be best to speak to a lawyer about that 


Returning Resident Alien


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## twostep (Apr 3, 2008)

Davis please correct me - 

The two year window applies to families or armed forces and civilian government workers.
The one year window requires application 30 days prior to departure.

As the poster has not given any details regarding filing of US taxes, attempting to uphold her GC status due to hardship - unless she can go the route of SB-1 with an attorney it looks like marriage to me. And she will need a good one.


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## Davis1 (Feb 20, 2009)

twostep said:


> Davis please correct me -
> 
> The two year window applies to families or armed forces and civilian government workers.
> The one year window requires application 30 days prior to departure.
> ...


I don't understand what you are trying to say ...but I am sure the OP has missed out many details... she could have been considered to have abandoned her status the first day out!. 
but with the various police record ..the consulate ma lean her way ... 

Or she remarries and starts again...


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## In trouble (Jun 8, 2009)

The two year window does not only apply to goverment workers and armed forces because I've had it done before. Sorry two step... look for you facts...


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## twostep (Apr 3, 2008)

In trouble said:


> The two year window does not only apply to goverment workers and armed forces because I've had it done before. Sorry two step... look for you facts...



Thank you for the correction. Would you mind to post a link? Thank you.


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## In trouble (Jun 8, 2009)

twostep said:


> Thank you for the correction. Would you mind to post a link? Thank you.


Just Google it twostep. And may I please ask you what your problem is???


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## twostep (Apr 3, 2008)

In trouble said:


> Just Google it twostep. And may I please ask you what your problem is???


Thank you for the informative reply.


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## Fatbrit (May 8, 2008)

In trouble said:


> Does anybody know what my chances are???:confused2:


This is attorney territory. You need to find a US immigration attorney experienced in PR abandonment cases. There are very few of them with this actual experience. Check them out and call for references before you hire them.

I'd say you have a chance but could not attach a figure to it. There are two methods of attack: apply for a returning resident visa through a US consulate OR gatecrash the border and demand your judicial hearing. Whichever method, if any, you take cannot be decided without competent legal counsel.


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## In trouble (Jun 8, 2009)

Can they deny me a returning resident visa? And what happens if you demand a judicial hearing? Do they let you in untill the hearing date?


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## Fatbrit (May 8, 2008)

In trouble said:


> Can they deny me a returning resident visa? And what happens if you demand a judicial hearing? Do they let you in untill the hearing date?


They can certainly deny the returning resident visa!

If you use the gatecrash procedure, I'd enter via a Canadian or Mexican land border if I were you. The magic words are: "I'm a permanent resident." After possibly trying to get you to sign your rights to a judicial hearing away (just refuse and tell 'em you want your day in court), they will then most probably parole you in. However, they have the option to remand you in custody.

You shouldn't do either without consulting a lawyer as described above.


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## In trouble (Jun 8, 2009)

Do you know of anybody that has ever done it? Id hate to be detained while I'm pregnant. Do I need a visa to get to Canada? Thank you so much for all of your answers by the way. It means so much that someone can actaully answer you without shooting you in the face!!


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## Fatbrit (May 8, 2008)

In trouble said:


> Do you know of anybody that has ever done it? Id hate to be detained while I'm pregnant. Do I need a visa to get to Canada? Thank you so much for all of your answers by the way. It means so much that someone can actaully answer you without shooting you in the face!!


There was one on here a while back. I think he chickened out in the end!

You probably don't need a visa for Canada provided you're crime and disease free -- they're big on DUIs IIRC. But will the airline let you fly if you're pregnant?

They're unlikely to detain you -- especially if you have a home to go to.


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## In trouble (Jun 8, 2009)

Fatbrit said:


> There was one on here a while back. I think he chickened out in the end!
> 
> You probably don't need a visa for Canada provided you're crime and disease free -- they're big on DUIs IIRC. But will the airline let you fly if you're pregnant?
> 
> They're unlikely to detain you -- especially if you have a home to go to.


I'm only 5 weeks pregnant. When the court date comes up can they deport me?


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## Fatbrit (May 8, 2008)

In trouble said:


> I'm only 5 weeks pregnant. When the court date comes up can they deport me?


Yep -- you need an attorney! This is not a DIY job.


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## In trouble (Jun 8, 2009)

ok, but how long does it take to go to court? Is it an over night thing or do you have to wait a couple of months?


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## Fatbrit (May 8, 2008)

In trouble said:


> ok, but how long does it take to go to court? Is it an over night thing or do you have to wait a couple of months?


Your case will be in the months rather than days.


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## In trouble (Jun 8, 2009)

Any attorneys to reccomend?


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## twostep (Apr 3, 2008)

Junior was all fire and brimstone until he saw the attorney's billing.

If the poster is pregnant she needs to get her ducks in a row concerning the child's citizenship. Ranting at a border crossing - the child may be born in the US anyway which opens the issue of where will he/she it reside in a worst case scenario.


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## Fatbrit (May 8, 2008)

In trouble said:


> Any attorneys to reccomend?


Stuart I. Folinsky, Attorney At Law - Home

I wouldn't recommend him as a dinner guest, but his posts on immigration boards show him to be a specialist in this particular niche of immigration law.


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## In trouble (Jun 8, 2009)

twostep said:


> Junior was all fire and brimstone until he saw the attorney's billing.
> 
> If the poster is pregnant she needs to get her ducks in a row concerning the child's citizenship. Ranting at a border crossing - the child may be born in the US anyway which opens the issue of where will he/she it reside in a worst case scenario.


Two step, why do i get the impression you would hate to see me or anybody else go to America. So much for positive thinking. When I go there I will hardly be ready to give birth, and even if my child is born there but they don't let me go there then all the better for my child. It will never have to go through everything I'm going through right now. Are you American? Let me explain something to you.. 2/3 of my life has been spent in NY.. When I came of age to work, I did, and filed my taxes every year, I have never looked for help from the government nither for me or my existing child.. I came close to death beneath the hand of a cruel man and had to run for my life. I have not returned since because he has only stopped stalking my family in the past year and I feel it safe to return now. My whole family except for my grandfather resides in New York and even my grandfather is an American Citizen. My childhood and teenhood is in America. What do you expect from me? I am only 23 years old and have my whole life infront of me. You act like I want to go kill somebody or abuse in some way the USA. Unless you have some usefull and helpfull information, please leave me alone and don't reply to anything else on this thread. My life is miserable enough right now without having you tell me that I'm better off to forget the future I've have dreamed of all of my life. Please and seriously, if none of your comments can be of help, then just go away.


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## In trouble (Jun 8, 2009)

Fatbrit said:


> Stuart I. Folinsky, Attorney At Law - Home
> 
> I wouldn't recommend him as a dinner guest, but his posts on immigration boards show him to be a specialist in this particular niche of immigration law.


Thank you so much. I feel so horrible about all of this. I am so scared that they won't let me back in. What would I do if that happened? I belong in America. I don't even have an Irish accent anymore!! All of my friends and family are there. I have many job opportunities open to me if they let me return. A fiance that is waiting patiently for me (but quickly losing patience) and a life I dream to live....


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## Fatbrit (May 8, 2008)

In trouble said:


> Thank you so much. I feel so horrible about all of this. I am so scared that they won't let me back in. What would I do if that happened? I belong in America. I don't even have an Irish accent anymore!! All of my friends and family are there. I have many job opportunities open to me if they let me return. A fiance that is waiting patiently for me (but quickly losing patience) and a life I dream to live....


If the fiancée is a USC, that opens up another possibility. As does resident USC family.

But it's still a lawyer job. You have, as I say, skeletons in your cupboard. And you should not make a single move until you have legal advice.


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## In trouble (Jun 8, 2009)

yes my fiancee is a USC. I will seek leagal advice, and keep you posted. This is all so scary.


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