Q: Held a resident card for 2/3 years, been in Mexico for thirteen, can I return legally or apply for citizenship?

In 2011 I came to Mexico to help a family member, during my stay, my resident card was taken, I tried to pursue legally but was scammed through the process, I tried to work and save up to return but the pay was too low to accomplish anything, which forced me to stay longer than expected eventually after a year and a half, I had enough to return, unfortunately the embassy told me I no longer had legal right in the U.S., which also obliged me to properly study and complete a degree, I am now an English Teacher, Politician and a Lawyer, but would like to become a US citizen and therefore study and become a Lawyer in U.S.A.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you held a U.S. resident card and have been outside the United States for an extended period, in your case thirteen years, re-establishing your legal status can be quite complex. Being outside the U.S. for more than a year without obtaining a re-entry permit before departure usually results in the abandonment of permanent resident status. This is likely why the embassy indicated you no longer had legal rights in the U.S. However, your aspirations to return, study, and practice law in the U.S. highlight the need for a clear path forward.

To address this situation, you might consider applying for a Returning Resident Visa (SB-1). This type of visa is designed for individuals who were previously lawful permanent residents of the U.S. but have stayed outside the country for reasons beyond their control. You would need to demonstrate that your prolonged stay outside the U.S. was for reasons beyond your control and that you intended to return to the U.S. as soon as circumstances permitted. This process involves an interview at a U.S. consulate or embassy, during which you must provide evidence of your ties to the U.S. and the reasons for your absence.

Given the complexity of immigration laws and the specific circumstances of your case, reaching out to a legal professional with expertise in U.S. immigration law is advisable. They can offer guidance on the feasibility of obtaining a Returning Resident Visa or explore other legal avenues that might be available to you based on your professional achievements and aspirations. Planning your approach with knowledgeable support will be crucial in navigating the challenges and moving towards your goal of studying and practicing law in the U.S.

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