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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105681
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I surrendered the GC via I-407, bcz my spouse threatened

Customer Question

Dear Sir, I surrendered the GC via I-407, bcz my spouse threatened to divorce me, if I planned stay in the US with my son. Have two children now and am divorced. Any chance to get GC back via SB-1 or similar? Won through the Diversity Lottery 97, gave back card in June 2007. thank you. Klemenz
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Welcome to JustAnswer! Thank you for requesting me. I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
You will probably need to file for a whole new green card through some other basis. Your children are U.S. Citizens? How old?
Customer: replied 1 year ago.
My son is 15 born in the U.S. (US citizen) My daughter is 13 not born in U.S. Not citizen.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok. I ask that you PLEASE not log off without leaving a positive rating using smiley faces or 3 or more stars. This is VERY important and we do not finish just because it says, "To finish...". You may continue to ask additional questions without additional charge on this same thread even after you leave a positive rating.
Unfortunately, you cannot recover that old green card. It has been much too long since you left and an SB-1 will not work. However, you can apply for a new green card if you have the basis to do so.
There are generally 5 avenues to obtain U.S. Lawful Permanent Residency. They are through family, through employment, through Asylum or refugee process, through investment, or through the lottery.
For family, it must be immediate family such as U.S. Citizen spouse or U.S. Citizen children over 21 in order to be able to come immediately. U.S. Citizen or Lawful Permanent Resident parents or U.S. Citizen siblings, or Lawful Permanent Resident spouses can also help you, but the wait for that is about 4 to 12 years or so.
Through employment, you would have to generally prove that you would not be taking away a job from a U.S. worker and the less experience and education you have, the harder that is to do.
Through Asylum or Refugee process, you must prove that you will be persecuted, tortured or killed if you stay in your country and that this will happen to you because of your nationality, race, religion, political opinion, or membership in a particular social group, not because you would run the same risk as anyone else in your country to fall victim to a crime or bad economic conditions.
Through investment, you are looking at generally $1,000,000.00 for a residency, or $500,000.00 in an area designated as a high-employment area, plus in both cases the investment has to create 10 or more jobs for U.S. workers.
And through the lottery, it would be very difficult to win one of the 50,000 visas available per year and some countries do not qualify.
Here is a link to the different forms to get a green card:
http://www.uscis.gov/greencard
Then there are some visas available where you can stay temporarily and then later change to Lawful Permanent Residency if you qualify.
Some of the visas available through employment (if you have a job offer and you qualify) are:
H-1B for professional workers
H-2A for seasonal agricultural workers
H-2B for seasonal nonagricultural workers
H-3 for industrial trainees
Then there are the F-1 and M-1 for students and J-1 for exchange visitors.
And then there is the E-1 for treaty traders and E-2 for treaty investors (these types of visas are not available in all countries).
Here is a link to most of the available visas:
http://travel.state.gov/content/visas/english/general/visa-wizard.html
I am truly sorry. What you may need to do is wait for your oldest to turn 21 and he can file for you to get a new green card.
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 does not 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. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, "To finish". I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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