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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4321
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I am a British citizen and card holder who resided in the US

Customer Question

I am a British citizen and green card holder who resided in the US from 1977 to 2008.
from 2008.
February 2008- July 2015. worked in China. I thought the word 'Permanent Alien' on my green card meant permanent status so partly due to contractual work in China. I did not return to the US until July 2015.
July 13 2015. My daughter and I drove to the US border at Blaine - Washington State. my green card had expired.
The border patrol held me for 5 hours before allowing me back into the United States on a probationary visa. I will have a court hearing sometime before or just after the new year.
Facts: I have never been convicted of a felony or major misdemeanor- sadly i've received speeding tickets.
Fact: I am returning to the US on a permanent basis. I have social security pension which I now understand I could lose due to my extended absence.
Fact: I have a 25 year old daughter (Born in the US and a US citizen)who resides in the same city as I do. Seattle Washington.
Fact; I am a professional ESL teacher and human service worker .
Fact: I have no intention of leaving America again. Now that my both my British parents are deceased.
Fact:I will apply for US citizenship should I be reinstated as a permanent alien.
Question: What other evidence do I need to support my case? I do not own property or have a huge bank acct.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

The main thins is not what you have now in the US but what ties you kept while you were outside the US for so many years and the reason why you were out for so long. You would usually need to show that you maintained things in the US such as property in the US, bank account in the US, residence in the US, filed income taxes in the US for the entire time you were gone. Also you would need to prove to the judge that you had a very good excuse for staying out for so long. In past cases, the excuses that usually work are severe medical issues that didn't allow you to travel or caring for sick family member. Without a compelling reason like that , it will be difficult to be able to keep your same green card. However, you do have a US citizen daughter that can petition for you all over again and you would get your green card again. You should definitely speak to a local immigration attorney that can accompany you to the immigration court and help you navigate through this. It's a complicated case that you will need professional assistance with.

In addition, just so you know, even if you were able to keep your original green card, you would not be able to apply for citizenship until you have been in the US for at least 5 years. The same thing will apply if you have to get a new green card.

Either way, you will be fine and will be able to live in the US but you will need legal help in getting to the end result.

Good luck to you during this process and I hope this answer has helped you!

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