Permanent Resident Card expired in 2002

[doubleubee 0]

Please read my story because I am in a serious trouble and I need advice on what to do.

I came in April 2000. My wife married me in Brazil and I received a Permanent Resident Card with a conditional.

In 2001 I suffered epileptic seizures and was taking medicine which has kept me in check ever since. I had to quit my job and stay at home. Around the time to remove the conditional I asked my wife to call and check on the steps to do this and she talked with someone on the phone then told me "every thing is taken care of" in which we had a bad fight because I was convinced that it was not what we were suppose to do.

Anyways time passed, I believed in her words, and as far as I knew, all we had to do was go to Memphis and take care of the paperwork there.

I know I should just tried doing it myself but I depended on my wife for everything since the seizures.

About a year or 2 ago I started to get better, taking less medicine and more "awake" and decided to see what I could do about my paperwork. I want to go finally see my family and my wife and I are having marital problems - we're about to divorce. We have a son and I don't want to leave him so I wanted to see if I can still return if I left the country. I really want to be able to take him, at least part of the time, and let him learn his heritage. And see if he can live with me half of the year and with her half of the year. I am very unhappy here with my situation and can't stand being away for so long.

Well, I found out that I am here in a bad situation because we did not take care of it. And that I should have received a deportation letter (which I never did - as far as I know).

I want to go back to finally see my family in Brazil after almost 10 years. But want to be able to return to see my son in case she won't allow me to take him and us sharing custody.

Here is my question: is it still possible to get this situation solved? Or is it likely that they will deport me? What are the odds?

I don't want to bother everyone with my story and why it got this way - its just too crazy, but if someone can give me some advice, we're not working out and I can't afford to be out there without being able to work.

I would like to know if this is feasible after so many years or if I'd better of going back. I realize I can't get a job here, even to be on my own. In my country Id have the benefits of citizenship and be able to go to college and get a better job. I just want to be able to be with my son at least part of the time. I don't even know if they'd allow me to come here as a visitor!

Thank you in advance.

[payxibka 10,047]

not a K-1 fiance(e) visa issue.... moving thread

[Brother Hesekiel 2,236]

First off, your case is unique.

Default procedure is that USCIS after such a long time considers your permanent resident status abandoned and thus long expired. Almost certainly, you'll have to start fresh which is complicated, since you mentioned a possible separation or even divorce from your USC wife.

Since a qualified immigration attorney might be able to argue that you were not at fault in not filing for Removal of Conditions, they might--although I doubt it--reinstate your previous LPR status.

I would collect all the paperwork you have and consult a reputable immigration attorney. If you are strapped for cash, and who isn't these days, pay for a 1 hour consultation, which might cost you between nothing and $350.

What you cannot do is leave the country unless your case has been adjusted to legal status again.

Best of luck to you.

Edited July 29, 2009 by Just Bob

[doubleubee 0]

Hey Bob,

Thanks for the reply.

I called and they asked me to file the I-175 plus a letter explaining why I we have not done it. They said it will likely get denied and then I have to file I-130 and I-485 and go in front of a judge.

I thought this to be good news but after reading what you said, I realize that all they can do is tell me what to do, not the outcome.

What would start fresh be involved exactly?

Thanks !

First off, your case is unique.

Default procedure is that USCIS after such a long time considers your permanent resident status abandoned and thus long expired. Almost certainly, you'll have to start fresh which is complicated, since you mentioned a possible separation or even divorce from your USC wife.

Since a qualified immigration attorney might be able to argue that you were not at fault in not filing for Removal of Conditions, they might--although I doubt it--reinstate your previous LPR status.

I would collect all the paperwork you have and consult a reputable immigration attorney. If you are strapped for cash, and who isn't these days, pay for a 1 hour consultation, which might cost you between nothing and $350.

What you cannot do is leave the country unless your case has been adjusted to legal status again.

Best of luck to you.

[csoul 0]

I would just fill the I-751 ASAP with a lot of evidence (see the guides in this website), including a good letter explaining why you didn't remove conditions on time. And wait to see the outcome of this. Some guys here (that forgot to remove conditions on time) had some luck and the I-751 was accepted and everything was fine. Was not the amount of time you missed to remove conditions but at least is something similar.

You waited a lot of time without doing anything so 2-3 months more (for the I-751 outcome) is not going to hurt more...

And if they send you the NOA1 (you will receive that receipt in just 2 weeks from the time they receive the application) and then the Biometrics letter you should be fine.

If that fail then hire an attorney and you will have in your favor that at least you tried to remove conditions.

AVOID TO LEAVE THE COUNTRY. RIGHT NOW YOU ARE 100% ILLEGAL UNTIL YOU FIX THAT IN ANY WAY.

[mozplay 29]

Missing the date by a couple of days is a lot different from missing the date by a couple of years. I agree with one poster who said your case is unique and would even add that given the circumstances, reason would dictate that you should probably be allowed some leniency. Unfortunately, I am not of the mind that USCIS is a great fan of leniency.

You could file the I-751 as has been suggested OR you could hire a lawyer. If it were me, I'd be hiring a good ... no.. a GREAT lawyer who has had much success with cases like yours .. not just straightforward filing.

Oh.. and in case you haven't heard it enough... DO NOT LEAVE THE COUNTRY!

[Anh map 2,098]

Consult a qualified immigration attorney as soon as possible to get advice and guidance.

[doubleubee 0]

Consult a qualified immigration attorney as soon as possible to get advice and guidance.

Thank you all for the advice. That is really what I needed, just some perspective on where to go from here.

One more question: what is the worst case scenario? What if going through the whole process I get denied? Are they going to grab me, put in a plane and wave goodbye?

I told my wife I had to go see my family. And I can go through the process. And I may get my greencard eventually but they may also deny and we need to make a decision on what to do then.

She believes that since I have a child here they won't separate me from my child. I believe the people handling the case could feel sorry but the law is the law.

I have a friend who's a lawyer and is willing to help except not immigration lawyer.

It is so depressing because I must see my family and feel like this is a prison.

Thank you all for the help.

[john_and_marlene 162]

She believes that since I have a child here they won't separate me from my child.

There are many people who wrongly believe that. She is absolutely wrong.

[Anh map 2,098]

Consult a qualified immigration attorney as soon as possible to get advice and guidance.

Thank you all for the advice. That is really what I needed, just some perspective on where to go from here.

One more question: what is the worst case scenario? What if going through the whole process I get denied? Are they going to grab me, put in a plane and wave goodbye?

I told my wife I had to go see my family. And I can go through the process. And I may get my greencard eventually but they may also deny and we need to make a decision on what to do then.

She believes that since I have a child here they won't separate me from my child. I believe the people handling the case could feel sorry but the law is the law.

I have a friend who's a lawyer and is willing to help except not immigration lawyer.

It is so depressing because I must see my family and feel like this is a prison.

Thank you all for the help.

You would be better served to have an experienced immigration attorney advising you. No disrespect to your friend. As in medicine, there are situations where a specialist's skills and experience are needed.

[venusfire503 54]

I'm not saying this will solve your problem, but I recommend getting a letter (maybe even copies of your medical records) from your doctor stating the extent of your disability. If you can show that you were entirely dependent on your wife, and unable to file the paperwork on your own, there's a chance (not sure how big or small) that you can use that for some kind of waiver or an appeal or something. Again, I don't know if it will work or not - just brainstorming for ideas.

It's not good for a parent and child to be separated. It sounds like you just want to chance to visit once in a while. I hope you are able to find a way to do so.

Best of luck.

venusfire

[doubleubee 0]

My wife knows the mayor, we have friends who are good friends with the governor of Arkansas. When I first came, I had a recommendation letter from Mike Huckabee. Do you think that things like this may help?

My wife and I are still friends, the marriage is not over, just having serious issues which may or may not get solved. She's at least willing to help me through this.

I understand about the attorney's experience. I just don't have the money.

Also, please forgive my lack of knowledge on the matters involved. I was almost an expert when we first did this but after so many years I don't even recall the process.

Would someone please explain what start the process over means? Do I go back to Brasil and my wife go re-apply for the visa? Do I stay here (although illegally) and try to get the situation solved? Don't they send me back if through the process they decided that I was in fault and deny my petition?

Thanks for even taking the time to read my posts. This is an extreme case and I should have stood up and done something about this whole issue. I can't blame anyone but myself.

- doubleubee

Consult a qualified immigration attorney as soon as possible to get advice and guidance.

Thank you all for the advice. That is really what I needed, just some perspective on where to go from here.

One more question: what is the worst case scenario? What if going through the whole process I get denied? Are they going to grab me, put in a plane and wave goodbye?

I told my wife I had to go see my family. And I can go through the process. And I may get my greencard eventually but they may also deny and we need to make a decision on what to do then.

She believes that since I have a child here they won't separate me from my child. I believe the people handling the case could feel sorry but the law is the law.

I have a friend who's a lawyer and is willing to help except not immigration lawyer.

It is so depressing because I must see my family and feel like this is a prison.

Thank you all for the help.

You would be better served to have an experienced immigration attorney advising you. No disrespect to your friend. As in medicine, there are situations where a specialist's skills and experience are needed.

Edited July 30, 2009 by doubleubee

[reeses16 8]

I wanted to add that in filing your I-751 with an attorney or by yourself, I think it would be a good idea to get a letter from the doctor or doctors that diagnosed and treated you for seizures. And if you have maintained contact with your former employer, a letter stating that you quit because of medical condition may help establish your case.

[Anh map 2,098]

You may want to contact an immigrant / immigration advocacy group in your area that can offer services at reduced / no cost. Many folks on VJ mention that Catholic Charities can be helpful.

There will be fees in refiling the paperwork again. Those are not easily waived, so you need to source some funding regardless.

[Chica Yeyé 41]

After so many years, your permanent resident status has long expired. Translation: you are already subject to deportation. Filing an I-751 will be denied most certainly. I add to the ones who suggest consulting an attorney --- some charities offer immigration law services on a sliding scale or pro bono.

Having a child in the US has absolutely no bearing in your failure to comply with the I-751; and will not "keep you" in the US. Same goes for your wife being friends with the Mayor.

You will face a tough road ahead. Right now you are in the country illegally. PLEASE contact an attorney.