Do I stand a chance?

[laila 0]

Thanks every one for your sincere wishes. But it does seem like a hopeless situation for me and my daughter. I haven't yet heard from the social worker of the NGO I had written to about seeking advice on this matter from an immigration attorney. And time is running out.

God this is difficult. If I spend my meagre savings on the air fare, only to be denied entry and to be turned back that would be horrible for me and my daughter.

I really am at a loss as to what to do. Should I take that risk or abondon the idea completely. And if I abondon the idea of coming back to USA then I am left to face the tough time I have been facing since my return to my country. I wish there was some no man's land here on this earth where I could just disappear and be at peace. Sartre had once said that "Hell is other people". And I know exactly what that means. Here in my country it is a very difficult life for a divorced woman.

[PSoft 0]

Thanks every one for your sincere wishes. But it does seem like a hopeless situation for me and my daughter. I haven't yet heard from the social worker of the NGO I had written to about seeking advice on this matter from an immigration attorney. And time is running out.

God this is difficult. If I spend my meagre savings on the air fare, only to be denied entry and to be turned back that would be horrible for me and my daughter.

I really am at a loss as to what to do. Should I take that risk or abondon the idea completely. And if I abondon the idea of coming back to USA then I am left to face the tough time I have been facing since my return to my country. I wish there was some no man's land here on this earth where I could just disappear and be at peace. Sartre had once said that "Hell is other people". And I know exactly what that means. Here in my country it is a very difficult life for a divorced woman.

Laila,

I think you must first communicate to the lawyer prior to proceeds in this regard. As you mentioned in your profile you are from Pakistan, in my opinion it would be a great if you talk to ‘DESI’ lawyer because ‘DESI’ lawyer must have a better understanding of your case as compare to others due to some cultural influences & differences. By chance I know a very good Pakistani dedicated, energetic, young Pakistani professional. If you really interested I will send you his e.mail address or URL of his law firm, you can briefly explain him your case. I hope things will workout for you.

[laila 0]

Laila,

I think you must first communicate to the lawyer prior to proceeds in this regard. As you mentioned in your profile you are from Pakistan, in my opinion it would be a great if you talk to ‘DESI’ lawyer because ‘DESI’ lawyer must have a better understanding of your case as compare to others due to some cultural influences & differences. By chance I know a very good Pakistani dedicated, energetic, young Pakistani professional. If you really interested I will send you his e.mail address or URL of his law firm, you can briefly explain him your case. I hope things will workout for you.

Yes please do. I will appreciate that.

[diadromous mermaid 36]

diadromous mermaid,

my time line is:

- got married in April 2003 in my country.

-Ex husband applied for K-1 visa in May 2003

-Got K-1 and K-2 Visas in June 2004.

-Came to USA in Oct 2004

-Got conditional green cards in June 2005

- My daughter was sent back home because of the unsafe environment in July 2005

- Divorce filed by husband, as I did not have filing fees in Oct 2005.

-I signed the divorce papers in Nov 2005 and came back to my country.

-Divorce decree awarded by court in Jan 2006, my lawyer represented me at the court.

OK, there are a couple of items that are missing from your timeline. What date were you married in the USA? Were you interviewed for AOS, and if so when? I gather that if you were interviewed that you provided documentation to support the bona fide marriage, what period of time did you present as evidence? Did you present evidence of the marriage/wedding ceremony conducted in the USA?

As far as gaining re-entry to the USA. On a conditional green card, you are free to travel on your CGC for up to one year without the need of a re-entry permit. That must be secured prior to leaving, but it is no guarantee of admission, it only serves to demonstrate that there are reasons for a temporary departure from the USA. In order to preserve status, you should maintain ties to the USA in your absence. Given that you were going through a divorce for 2 months of your 8 month absence, it would be logical to suggest that you had ties to the country (USA) during at least those 2 months in terms of joint possessions, bank statements etc that had not yet been distributed or separated legally by the Court until the final divorce decree was issued in January 2006. It's worth mentioning this to your attorney, as it is logical, but not necessary obvious. Then you are dealing only with the term of time from January 2006 to July 2006, in so far as establishing that you have not abandoned your permanent residency.

As far as petitioning for removal of conditions, you can do that by way of a waiver as soon as a divorce is final. So, I'd ask the immigration attorney if submitting that could immediately demonstrate an interest in preserving your status. And the waiver can be submitted from outside the country. There are other things you can do from outside the country to preserve your residency, renewal of driver's licenses, enrollment of children in schools, reactivating a bank account in the USA (you should have a SSN still, correct?); what about work, did you while you were in the USA? If not, how about attempting to secure a position, even temporary through colleagues you may have in the USA, while you are still where you are?

Anyway, let no time elapse before attending to this. I would present all of these issues to an immigration attorney right away, and some, if I am not mistaken can be done without taking the money and risking it to be turned away at the POE. If I were in your shoes, I'd

1. get a good immigration attorney on Monday of next week

2. Ask about some of these processes to re-establish your ties in the USA, right away

3. Ask about submission of the I-751 from overseas right away

4. Look into gaining a flight back to the USA one you've investigated these matters, but before November 2006.

Good luck.

Edited July 8, 2006 by diadromous mermaid

[laila 0]

OK, there are a couple of items that are missing from your timeline. What date were you married in the USA? Were you interviewed for AOS, and if so when? I gather that if you were interviewed that you provided documentation to support the bona fide marriage, what period of time did you present as evidence? Did you present evidence of the marriage/wedding ceremony conducted in the USA?

As far as gaining re-entry to the USA. On a conditional green card, you are free to travel on your CGC for up to one year without the need of a re-entry permit. That must be secured prior to leaving, but it is no guarantee of admission, it only serves to demonstrate that there are reasons for a temporary departure from the USA. In order to preserve status, you should maintain ties to the USA in your absence. Given that you were going through a divorce for 2 months of your 8 month absence, it would be logical to suggest that you had ties to the country (USA) during at least those 2 months in terms of joint possessions, bank statements etc that had not yet been distributed or separated legally by the Court until the final divorce decree was issued in January 2006. It's worth mentioning this to your attorney, as it is logical, but not necessary obvious. Then you are dealing only with the term of time from January 2006 to July 2006, in so far as establishing that you have not abandoned your permanent residency.

As far as petitioning for removal of conditions, you can do that by way of a waiver as soon as a divorce is final. So, I'd ask the immigration attorney if submitting that could immediately demonstrate an interest in preserving your status. And the waiver can be submitted from outside the country. There are other things you can do from outside the country to preserve your residency, renewal of driver's licenses, enrollment of children in schools, reactivating a bank account in the USA (you should have a SSN still, correct?); what about work, did you while you were in the USA? If not, how about attempting to secure a position, even temporary through colleagues you may have in the USA, while you are still where you are?

Anyway, let no time elapse before attending to this. I would present all of these issues to an immigration attorney right away, and some, if I am not mistaken can be done without taking the money and risking it to be turned away at the POE. If I were in your shoes, I'd

1. get a good immigration attorney on Monday of next week

2. Ask about some of these processes to re-establish your ties in the USA, right away

3. Ask about submission of the I-751 from overseas right away

4. Look into gaining a flight back to the USA one you've investigated these matters, but before November 2006.

Good luck.

We were married in USA in late Oct, 2004.

During the AOS interview we presented the wedding album, the wedding documents, and joint bank account and other joint holdings.

As for ties in USA, I still have my bank account in USA. I did not hold a job there because my ex-husband did not allow me to, but I was studying for my USMLE exams and had enrolled in Kaplan course there and had filed the fee for the exam with ECFMG, and have all the paper work related to that.

I also have affadavits from the NGO which helps victims of domestic abuse and which helped me through out the period of my divorce from the time my husband turned me out of the house till I returned to my country.

Right now my main concern is being denied re-entry because of staying outside of USA so many months- specially in case of my daughter, that is why I want to return to US before her one year of stay outside USA is over.

Thanks for your detailed response. It was very helpful. I intend to copy it to use while discussing my case with a lawyer.

[meauxna 15]

Right now my main concern is being denied re-entry because of staying outside of USA so many months- specially in case of my daughter, that is why I want to return to US before her one year of stay outside USA is over.

laila, good on you for doing the research to help you speak more thoughtfully with a lawyer! I immediately thought of the following thread when I read your thread today.

http://britishexpats.com/forum/showpost.ph...amp;postcount=2

" do note that the regulations DO guarantee an Immigration Judge hearing to any person who claims to be a returning lawful permanent resident alien as long as CBP confirms that the person has EVER been admitted to LPR."

Read the rest of the post and the thread for context, but this suggests to me that you would not be turned away at the border---they *must* let you in for a judge to decide if you've abandoned or not. I know that the author of that quote says that he is one of the FEW immigration lawyers in the US who has seriously studied abandonment. He wouldn't answer a Q like yours online, but you can contact him for a consultation. He's a decent fellow and won't blow smoke at you.

[Donna A 4]

i am assuming u are a doctor and thats why u r studying for ur USMLE exams? if all else fails and u are not able to come back that way then can u take those exams and come back thru a work visa?

i will tell u this...study for those exams very well. it is very hard for anyone to get a job with low scores. they want at least 80 or above on both step 1 and 2. my husband knows this very well.

[Sweetgirl 0]

Thanks every one for your sincere wishes. But it does seem like a hopeless situation for me and my daughter. I haven't yet heard from the social worker of the NGO I had written to about seeking advice on this matter from an immigration attorney. And time is running out.

God this is difficult. If I spend my meagre savings on the air fare, only to be denied entry and to be turned back that would be horrible for me and my daughter.

I really am at a loss as to what to do. Should I take that risk or abondon the idea completely. And if I abondon the idea of coming back to USA then I am left to face the tough time I have been facing since my return to my country. I wish there was some no man's land here on this earth where I could just disappear and be at peace. Sartre had once said that "Hell is other people". And I know exactly what that means. Here in my country it is a very difficult life for a divorced woman.

Hi Again Laila!

I suggest to you to get a plain tickets to the U.S as soon as possible! Even if you didnt obtain a re-entry permit you might still be allowed to the U.S . You should be ready for a different questions might be asked at the U.S airport upon your arrival. Just be prepared for what to say if they ask.

If the thing as coming back to the U.S is the most important thing for you right now and your future and the future of your daughter will depend on it , if i were you i would defenetely get the plain tickets to the U.S and try this chance.

Who knows,they might not even gonna interigate you at the airport ,it will depend.

You should consult with the immigration atttorney on the phone before to fly over to the U.S if possible, so he or she might give you some ideas about if the possible questioning occur at the airport.

Even if you dont hire an immigration attorney right now,you will be able to hire one after you come back to the U.S.

I dont know,why did you leave the U.S in the first place even after the divorce? As your American husband signed the I-865 Alien of Sponsorship form and basically he is going to be reponsible for you until you become a Citizen. Your husband had no right to kick you out from the house and even if he did you could go to the Shelter and complain on him. Especially if he was so abusive as you say,you might of get a lots of benefits upon the Court Order as he must financially support you here.

Anyways,get a plain tickets and come back as soon as possible,you should take that risk and be mentaly prepared fro the possible questioning.Everything might turn out to the positive and not so horrible ,you know..

Please let us know how everything went through.

My Best wishes.

Good luck!

Sincerely.

Thanks every one for your sincere wishes. But it does seem like a hopeless situation for me and my daughter. I haven't yet heard from the social worker of the NGO I had written to about seeking advice on this matter from an immigration attorney. And time is running out.

God this is difficult. If I spend my meagre savings on the air fare, only to be denied entry and to be turned back that would be horrible for me and my daughter.

I really am at a loss as to what to do. Should I take that risk or abondon the idea completely. And if I abondon the idea of coming back to USA then I am left to face the tough time I have been facing since my return to my country. I wish there was some no man's land here on this earth where I could just disappear and be at peace. Sartre had once said that "Hell is other people". And I know exactly what that means. Here in my country it is a very difficult life for a divorced woman.

Hi Again Laila!

I suggest to you to get a plain tickets to the U.S as soon as possible! Even if you didnt obtain a re-entry permit you might still be allowed to the U.S . You should be ready for a different questions might be asked at the U.S airport upon your arrival. Just be prepared for what to say if they ask.

If the thing as coming back to the U.S is the most important thing for you right now and your future and the future of your daughter will depend on it , if i were you i would defenetely get the plain tickets to the U.S and try this chance.

Who knows,they might not even gonna interigate you at the airport ,it will depend.

You should consult with the immigration atttorney on the phone before to fly over to the U.S if possible, so he or she might give you some ideas about if the possible questioning occur at the airport.

Even if you dont hire an immigration attorney right now,you will be able to hire one after you come back to the U.S.

I dont know,why did you leave the U.S in the first place even after the divorce? As your American husband signed the I-865 Alien of Sponsorship form and basically he is going to be reponsible for you until you become a Citizen. Your husband had no right to kick you out from the house and even if he did you could go to the Shelter and complain on him. Especially if he was so abusive as you say,you might of get a lots of benefits upon the Court Order as he must financially support you here.

Anyways,get a plain tickets and come back as soon as possible,you should take that risk and be mentaly prepared fro the possible questioning.Everything might turn out to the positive and not so horrible ,you know.. I truly believe that they wont send you back.

Please let us know how everything went through.

My Best wishes.

Good luck!

Sincerely.

[Boiler 45,965]

Right now my main concern is being denied re-entry because of staying outside of USA so many months- specially in case of my daughter, that is why I want to return to US before her one year of stay outside USA is over.

laila, good on you for doing the research to help you speak more thoughtfully with a lawyer! I immediately thought of the following thread when I read your thread today.

http://britishexpats.com/forum/showpost.ph...amp;postcount=2

" do note that the regulations DO guarantee an Immigration Judge hearing to any person who claims to be a returning lawful permanent resident alien as long as CBP confirms that the person has EVER been admitted to LPR."

Read the rest of the post and the thread for context, but this suggests to me that you would not be turned away at the border---they *must* let you in for a judge to decide if you've abandoned or not. I know that the author of that quote says that he is one of the FEW immigration lawyers in the US who has seriously studied abandonment. He wouldn't answer a Q like yours online, but you can contact him for a consultation. He's a decent fellow and won't blow smoke at you.

I would second the above.

[laila 0]

Hi Again Laila!

I suggest to you to get a plain tickets to the U.S as soon as possible! Even if you didnt obtain a re-entry permit you might still be allowed to the U.S . You should be ready for a different questions might be asked at the U.S airport upon your arrival. Just be prepared for what to say if they ask.

If the thing as coming back to the U.S is the most important thing for you right now and your future and the future of your daughter will depend on it , if i were you i would defenetely get the plain tickets to the U.S and try this chance.

Who knows,they might not even gonna interigate you at the airport ,it will depend.

You should consult with the immigration atttorney on the phone before to fly over to the U.S if possible, so he or she might give you some ideas about if the possible questioning occur at the airport.

Even if you dont hire an immigration attorney right now,you will be able to hire one after you come back to the U.S.

I dont know,why did you leave the U.S in the first place even after the divorce? As your American husband signed the I-865 Alien of Sponsorship form and basically he is going to be reponsible for you until you become a Citizen. Your husband had no right to kick you out from the house and even if he did you could go to the Shelter and complain on him. Especially if he was so abusive as you say,you might of get a lots of benefits upon the Court Order as he must financially support you here.

Anyways,get a plain tickets and come back as soon as possible,you should take that risk and be mentaly prepared fro the possible questioning.Everything might turn out to the positive and not so horrible ,you know..

Please let us know how everything went through.

My Best wishes.

Good luck!

Sincerely.

Thanks for your well wishes.

Why I came back to my country after the divorce? It is a long story. But like I said before at that time my daughter had to already rturn to Pkaistan because of the unhealthy and infact dangerous enviornment at home there. And I could not arrange to send for her to join me in US after my divorce.

As for my husband's abusive behaviour and lousy treament. I had to call the plocie twice. He was careful not to hit my for he said if I do that ( that is if he hits me) that would be held against him. But all the other abuse could not be seen or proved so that was ok.

As for the divorce proceedings, I got nothing, one reason was that my lawyer was lousy, all she did for a 1500 $ retainer ( paid by the NGO) was to make a few phone calls to my ex husband's lawyer, and to answer a few calls of mine, and once to fax me a document and once to go to court for the final hearing in Jnauary 2006 when I was no longer in US.

Second reason was that when our seperation and divorce started my ex husband 's attitude became all the more threatening and intimidating, he used to tell me all the time that " when he fights, he fights to win" and that " he plays dirty". He knew very well that I was all alone in USA. And he used it to his advantage. He had done the same with his ex wife # 2, some thing I learned much later on. I may be in a very difficult situation, even a life or death situation but I can not ever play dirty.

So I paid the heavy price in terms of monetrey loss, mental torture, emotional truama and now social stigmatization in my country.

I am wondering what kind of questions the immigration people might ask me and my daughter at the airport?

So I can prepare my self to answer them honestly but at the same time without sabotaging my self.

Right now my main concern is being denied re-entry because of staying outside of USA so many months- specially in case of my daughter, that is why I want to return to US before her one year of stay outside USA is over.

laila, good on you for doing the research to help you speak more thoughtfully with a lawyer! I immediately thought of the following thread when I read your thread today.

http://britishexpats.com/forum/showpost.ph...amp;postcount=2

" do note that the regulations DO guarantee an Immigration Judge hearing to any person who claims to be a returning lawful permanent resident alien as long as CBP confirms that the person has EVER been admitted to LPR."

Read the rest of the post and the thread for context, but this suggests to me that you would not be turned away at the border---they *must* let you in for a judge to decide if you've abandoned or not. I know that the author of that quote says that he is one of the FEW immigration lawyers in the US who has seriously studied abandonment. He wouldn't answer a Q like yours online, but you can contact him for a consultation. He's a decent fellow and won't blow smoke at you.

I would second the above.

Thanks Boiler for the link. I have read it .And frankly I am just hoping that I am spared all the questioning at the airport or any where else. So probably I am hoping for a miracle. But I do beleive in them.

Right now my state of mind is on the lines of que sera sera. what will be will be.

Please do wish me well.

[laila 0]

laila, good on you for doing the research to help you speak more thoughtfully with a lawyer! I immediately thought of the following thread when I read your thread today.

http://britishexpats.com/forum/showpost.ph...amp;postcount=2

" do note that the regulations DO guarantee an Immigration Judge hearing to any person who claims to be a returning lawful permanent resident alien as long as CBP confirms that the person has EVER been admitted to LPR."

Read the rest of the post and the thread for context, but this suggests to me that you would not be turned away at the border---they *must* let you in for a judge to decide if you've abandoned or not. I know that the author of that quote says that he is one of the FEW immigration lawyers in the US who has seriously studied abandonment. He wouldn't answer a Q like yours online, but you can contact him for a consultation. He's a decent fellow and won't blow smoke at you.

Thanks meauxna for that link. It is early morning here and I need a cup of tea badly to get my brain cells working

Again like I said to Boiler, I hope it never comes to that. That my and my daughter's good luck spares us all this trouble.

I have one more question to ask. Must we re-enter via the same port of entry we left from? I came to Houston and that is where my paper work was processed and now I am thinking of going to JFK there in the city one of my friend has an apartment and she would let me share it ( for rent ofcourse). So I have been thinking would going to a new place after a long stay away be a problem and would that raise some eyebrows and questions from the immigration officers?

I iwsh I could return to Houston, I know the city well and it is a lot cheaper than NYC or NJ, but I would need a place to live right way and without a job, with no credit histroy, and with no close friends I won't be able to find an apartment to rent.

Do you or any one else know of cheaper and still safre ways of staying at a place like YWCA while doing an apartment serach?

Or better still does any one know of safe apartment complexes in Houston which give apartments on monthly rent instead of a lease? And which don't aks for a job or salary stubbs?

I would really really appreciate helpful information in this matter.

[Boiler 45,965]

You can enter through any POE.

It makes no difference.

I can not help on the accomodation issue.

[Sweetgirl 0]

laila, good on you for doing the research to help you speak more thoughtfully with a lawyer! I immediately thought of the following thread when I read your thread today.

http://britishexpats.com/forum/showpost.ph...amp;postcount=2

" do note that the regulations DO guarantee an Immigration Judge hearing to any person who claims to be a returning lawful permanent resident alien as long as CBP confirms that the person has EVER been admitted to LPR."

Read the rest of the post and the thread for context, but this suggests to me that you would not be turned away at the border---they *must* let you in for a judge to decide if you've abandoned or not. I know that the author of that quote says that he is one of the FEW immigration lawyers in the US who has seriously studied abandonment. He wouldn't answer a Q like yours online, but you can contact him for a consultation. He's a decent fellow and won't blow smoke at you.

Thanks meauxna for that link. It is early morning here and I need a cup of tea badly to get my brain cells working

Again like I said to Boiler, I hope it never comes to that. That my and my daughter's good luck spares us all this trouble.

I have one more question to ask. Must we re-enter via the same port of entry we left from? I came to Houston and that is where my paper work was processed and now I am thinking of going to JFK there in the city one of my friend has an apartment and she would let me share it ( for rent ofcourse). So I have been thinking would going to a new place after a long stay away be a problem and would that raise some eyebrows and questions from the immigration officers?

I iwsh I could return to Houston, I know the city well and it is a lot cheaper than NYC or NJ, but I would need a place to live right way and without a job, with no credit histroy, and with no close friends I won't be able to find an apartment to rent.

Do you or any one else know of cheaper and still safre ways of staying at a place like YWCA while doing an apartment serach?

Or better still does any one know of safe apartment complexes in Houston which give apartments on monthly rent instead of a lease? And which don't aks for a job or salary stubbs?

I would really really appreciate helpful information in this matter.

HI Laila!

You can re-entry any U.S port of entry you would like it doesent matter.

I would suggest to you to go to the place where your friend is located and you can share rent with your firend. I think that this would be a better idea for you right now as you at least have a friend there.

There might be some month -to -month rents available i am sure ,if you are looking for the Rents in Houston.

You should try the www.google.com ,where you can indicate what are u looking for.

Also go to the www.rent.com its a good website.

I dont know what kind of questions you re gonna be asked excactly ,but i am assuming that they defenetely gonna ask something like... Why you were absent from the U.S for a such a long time?

Or Why you didnt obtain the re-entry permit? Whats your adress in U.S? Are you still married? Where is your husband? and etc....

They might ask or might not ask anything at all and just say Welcome home you know....

My Best wishes.

Sincerely.

[laila 0]

HI Laila!

You can re-entry any U.S port of entry you would like it doesent matter.

I would suggest to you to go to the place where your friend is located and you can share rent with your firend. I think that this would be a better idea for you right now as you at least have a friend there.

There might be some month -to -month rents available i am sure ,if you are looking for the Rents in Houston.

You should try the www.google.com ,where you can indicate what are u looking for.

Also go to the www.rent.com its a good website.

I dont know what kind of questions you re gonna be asked excactly ,but i am assuming that they defenetely gonna ask something like... Why you were absent from the U.S for a such a long time?

Or Why you didnt obtain the re-entry permit? Whats your adress in U.S? Are you still married? Where is your husband? and etc....

They might ask or might not ask anything at all and just say Welcome home you know....

My Best wishes.

Sincerely.

Thanks Sweetgirl,

I think if they ask me about why I stayed outside USA for so long I would be able to answer that satisfactorily. But if they ask me about my marriage and husband and my current address, I would have a hard time coming up with an answer which is not a lie and which does not compromise my case. I just hope they won't ask any questions at all and would just wish me good luck. Oh how I wish it would be as easy and as simple as that.

[laila 0]

An update:

I had emailed to the lawyer Psoft told me about. The lawyer emailed me back soon. Basically what he said was that I had better get to USA ASAP before my daughter's stay outside USA exceeds one year. And most likely I won't have any problems in re-entrying. Though I may be asked why I stay away for so long and do I still have some proof of residence in USA.

Edited July 9, 2006 by laila