Asked in Immigration Law

Q: I had American residency and applied for green card, it was approved . While I was waiting to get my green card in mail

Then I traveled to Sydney Australia as my wife was Australian citizen and had her elderly mother cared for , I had to stay with her for more than a year. I came back to receive my green card but at the arrival I was told by imigration officers eather keep my American residency and receive my green card by staying in America or if I want to go back to Australia I have to give back my green card . I explained that my wife is pregnant and has no one ,I can not leave her all alone in Australia , the immigration officer told me is your choice you have to deside now in airport I have the transcript of that interview with me . I had to give my consent that I want to go back to my pregnant wife , they gave me my white passport back and told me I can stay in America as a torrist then go back to Australia. Is there a chance of me to get my residency or my green card back? Also I have all my imidiate family American citizens , my mother she is over 80 years old and my 4 siblings .

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1 Lawyer Answer
Kyndra Mulder
Kyndra Mulder
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Residency means just that. You abandoned your residency by remaining outside the Usa for more than a year. You can not get it back but will need to re apply.

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