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I surrendered the GC via I-407, bcz my spouse threatened

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Dear Sir, I surrendered the...
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: 2 years ago.Category: Immigration Law
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5/19/2015
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,999
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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You will probably need to file for a whole new green card through some other basis. Your children are U.S. Citizens? How old?
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Customer reply replied 2 years ago
My son is 15 born in the U.S. (US citizen) My daughter is 13 not born in U.S. Not citizen.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years 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.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 2 years 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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Guillermo J. Senmartin, Esq., Immigration Lawyer
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