Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
You are no longer a lawful permanent resident after being outside the US for more than one year. The law automatically considers you to have abandoned your status by your prolonged absence.
You failed to maintain any of the compelling ties which establish you to be a returning resident:
1. Payment of taxes;
2. Maintaining a residence in the US;
3. Having a return ticket to the US when you departed and not returning because some circumstance outside your control prevented your return (such as illness or death of a immediate relative);
4. That you did not hold employment abroad establishing your tie to the country where you have been living.
5. Having left back in the US close immediate family members which you had no intentions of leaving.
My suggestion to you would be to do one of the following:
1. Make an appointment with the US embassy to file the I-407 to fprmally abandon your resident status and at the same time apply for a US visitor visa to come to the US to register your product and retain an agent in the US to handle it's sales.
2. Attempt to apply for an SB-1 Returning Resident visa at the US Embassy.
3. Retain an attorney to bring your case before an immigration judge to determine whether you have abandoned your status.
Regarding the filing of the W8-8BEN, I am not able to help with that because it is a tax matter and I can only give your direction regarding your immigration status.
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