Green card question

[Sweetcheeksss 91]

Ok soo...

Approx 10 years ago I was a green card holder. I moved back to Canada (my mom had a stroke) and wasn't aware of all the ins and outs of immigration policy. Long story short, I evenutually had to attend an immigration hearing and surrendered my green card at that time. BUT I did not sign an I-407, my card was just surrendered to the DoS attorney and that's it.

Fast forward to now, we had our interview and the interviewer wants to see the I-407, which of course, doesn't exist.

So - any suggestions on how I should proceed now? I've requested my A file info via a FOIA (hasn't come yet).

What happens if you lose your green card but don't realize it until waaaaaaaaaaaaaay later, how do they proceed in that instance?

Thanks for any help/suggestions.

[JimVaPhuong 4,863]

If they didn't offer you a chance to sign an I-407 then it sounds like your permanent resident status was revoked rather than abandoned. I'm really not sure what difference this would make, if any, to your current visa application. Did you explain the situation to the consular officer?

Someone who lost their green card could still file an I-407. They just wouldn't list any "documents surrendered" on line 6(b). I'm not sure there would any point in filing one now. You can't voluntarily abandon something you don't have.

[Sweetcheeksss 91]

Well when I went to immigration court, the only paperwork I got from them says the following:

In the matter of (my name here) Case number (my A number here) Order of the immigration judge.

This is a summary of the oral decision entered on 7/13/2007. This memorandum is solely for the convenience of the parties involved. If proceedings should be reopened or appealed, the oral decision will become the official opinion in this case

So under that are a bunch of different choices, ie - the respondent was ordered removed from the United States to ________________, Respondent's application for voluntary departure was denied and respondent was ordered removed to _____________, Proceedings were terminated, etc. There are 18 different choices.

The very last choice is checked on my doc and it says

OTHER: Withdrawal of application for admission to the US granted

And that's all it says. Like I said earlier, at no time during those proceedings did I sign anything. But I do remember sitting in front of that judge, with my attorney beside me, and the immigration attorney at the other table and him asking if I would surrender my green card to him at the proceedings, to which I did. And that was that.

Oh and to answer your other question, I submitted a copy of the immigration court doc with me at my interview, so he definitely saw it.

I'm really at a loss here, I've ordered a copy of the court transcript from that day but I don't know where or what else to do.

Edited August 14, 2010 by Sweetcheeksss

[JimVaPhuong 4,863]

And you explained to the consular officer that you were never asked to sign an I-407?

[Sweetcheeksss 91]

At first I didn't know what I-551 and I-407 were but once he told me, I said to him "how do I get a copy of something I don't have anymore?" and he suggested I file a FOIA (which I have) and, on my own, I also wrote to the court where my hearing took place to ask for a transcript of the hearing.

But that's about all the ideas I can think of so that's why I thought I'd ask someone on VJ to see if they have any helpful suggestions.

[JimVaPhuong 4,863]

It sounds like you're doing everything you are able to do. It's kind of surprising a CO would make you go through this. He probably has access to more information about your case than you do.

Good luck!

[Sweetcheeksss 91]

Yeah I thought it was a ridiculous request and that prolly the CO was just being a bit of a jerk. But I figure I'll do what I can from my side by requesting the court transcript and the FOIA and send to him what comes from those two avenues. And if he deems it not enough, I think my hubby will just get in touch with his senator's liaison (who's been immensely helpful with this entire journey so far) and perhaps she can tell him that I am not able to get something I no longer have.

Thanks for everything Jim.