Mkuu mtanzania ile kazi ya Balali haikuwa ya kudumu, nadhani ilikuwa framed in such a way kama vile Balali amekuja kusaidia Tz kwa kipindi fulani halafu baada ya hapo arudi huko US. Kumbuka kwamba alikuwa akifanya frequent visits (na pengine kazi) US hivyo kuifanya Green card yake kuwa valid.
Nyambala,
Labda kwa USA, naamini kwa UK hicho kitu kisingeliwezekana. Kwa gavana wa bank kuu huwezi kusema ni kazi ya muda.
Nimeona faq hii kusu green card USA, inaelekea ni strict hata kuliko UK.
Green Card questions
I have a Green Card and plan on travelling out of the US for a long time. Can I keep my Green Card?
Maybe. The primary rule surrounding Green Cards is that you lose it if you give up your US residence. So in theory, if you, for example, show up with a moving van on the border to Canada or Mexico, there is a chance that a BCBP officer who notices this can question you and possibly revoke your Green Card right away.
The more common criterion, though, is time based. There are three important time limits to know about.
If you are absent for less than six months, you will rarely have a problem. It is BCBP's job to prove that you abandoned your residency. Absent that, you are considered to never really have left.
If you are absent for more than six months but less than a year, the burden of proof reverses. It becomes your job to prove that you are still a permanent resident. This is based on the concept that after six months, you have to be readmitted and have to prove that you are still admissible. As a side note, after an absence of more than six months, the various criteria for admissibility apply again, too. For instance, if you in the meantime had become inadmissible, say through an HIV infection, you might have a problem.
If you are absent for more than a year, your Green Card will be considered almost automatically abandoned. Once that happened, there is usually no recourse. However, if through some miracle the immigration officer didn't ask you how long you have been out of the USA when you return, then you may be in luck and able to keep your Green Card after all. You should in this case not leave the USA for a very long time, and make it your bona fide residence again.
I need to travel out of the US for more than a year. Is there nothing I can do?
You can apply for a reentry permit (on form I-131) before you leave the US. You can depart before the reentry permit is approved.
With such a reentry permit, you can return to the US even after one year until the reentry permit's expiration date. Reentry permits are issued for two years. You cannot renew a reentry permit, but you can return to the US for a short time and apply for a new one. The second such reentry permit will be granted for two years ago, but subsequent ones may only be approved for one year at a time.
I stayed out of the US and now lost my Green Card. Is there anything I can do?
There are two things that occasionally work. First, you may simply be able to reapply for a Green Card based on the same or another category. Second, you can apply for an immigrant visa as a special immigrant returning permanent resident at a US consulate. In order to get this, you have to prove that the long absence was outside your control, and that you never intended to abandon your Green Card. Unfortunately, this is usually very difficult to do.
Also, under certain very limited circumstances, you may be able to simply keep your Green Card anyway, even after absences of more than one year.
In Eshghan Khodagolian v. John Ashcroft, the Ninth Circuit of Appeals decided that in one very unusual case, Khodagolian was able to keep his GC despite an absence of more than one year, and several other long trips. The circumstances of the trips made it evident that he did not intend to abandon his US residency. Note that this is a very unusual circumstance and will rarely work! Even though this particular person won the case, he only won it on the second level of appeals. The inspector at the airport, as well as an immigration judge and the Board of Immigration Appeals (BIA) had all decided against him.
Finally, if you are lucky and are just not asked about the length of your absence, then you can enter the US with your GC regardless of how long you have been out of the country - but of course, you then need to remain in the US and establish a residence here. Otherwise, the next trip will carry the same risk. Relying on such luck, of course, is not a very reliable strategy!