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Keeping US Green Card Current.

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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tjh
Newly Registered
Posts: 1
Joined: Tue Nov 06, 2007 9:22 am

Keeping US Green Card Current.

Post by tjh » Tue Nov 06, 2007 9:30 am

My boyfriend was born in the UK and lived in the US from the age of 7yrs to 20yrs. He has a green card as his father in American. He has been in the UK for almost 2yrs now and as we believe has to revist the US before his green card expires in March (when he would have been here for 2yrs). We will eventually be getting married and moving to the US but aren't quite ready to do this yet, maybe within the next two years or so. Does anyone know how long he hgas to go back to the US for to keep his green card current?

I'm sorry if this doesn't make much sense as it's difficult for me to explain. Thank you in advance.

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Tue Nov 06, 2007 10:15 am

I am sorry to bring bad news, but if what you have written is correct then your boyfriend is probably no longer a Permanent Resident (unless he applied for a re-entry permit before he left the US). PR status is presumed abandoned after absences longer than one year. If your boyfriend's long stay in the UK was due to circumstances beyond his control, and he can prove it, then he can apply for a Returning Resident Visa. See here.

I assume you have already checked that your boyfriend is not entitled to US citizenship?

A possible way forward if you want to move to the US is to get him sponsored by his father again, then once he has a green card he can sponsor you. The process will probably take upwards of five years. In that case you shouldn't get married until he has a green card in his hands, otherwise it will take a lot longer.

You can also post in the following forum. Many people who post there have better knowledge of US immigration than I have.

http://britishexpats.com/forum/forumdisplay.php?f=34

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Keeping US Green Card Current.

Post by JAJ » Tue Nov 06, 2007 12:40 pm

tjh wrote:My boyfriend was born in the UK and lived in the US from the age of 7yrs to 20yrs. He has a green card as his father in American. He has been in the UK for almost 2yrs now and as we believe has to revist the US before his green card expires in March (when he would have been here for 2yrs). We will eventually be getting married and moving to the US but aren't quite ready to do this yet, maybe within the next two years or so. Does anyone know how long he hgas to go back to the US for to keep his green card current?

If your boyfriend is now aged 22, he should be a U.S. citizen. If he didn't automatically become American when he was born, then as he was living in the U.S. with a Green Card (as an under 18 year old) on 27 February 2001, he should have automatically become a U.S. citizen on that date.

It's because of the Child Citizenship Act of 2000.

If he's not a U.S. citizen then you have problems ... eg if he was living somewhere else for 10 years before coming to the U.K.

He should register with Selective Service if he has not already done so:
http://www.sss.gov

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