Urgent help: advised i327 at POE after long travel

[lety 0]

Hi, I am a GC holder and husband had to go abroad to work. At that time, 2 years ago I asked for and AP which expired on nov 09. Now i had almost one year without any reentry permit. I was not aware of the problems this could cause. I came to US few days ago and the immigration officer noticed my pattern and started to be upset with me. He wrote Out 3 month, ARC, advised i327. I have to go again but I do not know what is best for me. I visited two lawyers to understand what happened. One says that even if I apply for reentry, i will not get it and that i will not even have chances for a tourist visa. The other one says I do have the right to apply for reentry and recommends me to not go without applying and doing my biometrics. Now, even if I apply what should I attach to my form, I am now working abroad as well but I do have intentions to come back but not in the next 2 years. Thank you for reading my post and I hope somebody can help me to understand my situation.

[Neonred 3,652]

Looks like you are not a permanent resident of the US and will loose your green card. When you decide to return to live in the US apply for an IR-1 visa.

[lety 0]

Thank you for your reply, I am really confused, what does the advised i327 mean? i believed it is i131 reentry permit And, do you think that if I apply I would get a denial and if i get an approval does it mean that next time i come to the us my green card would be revoked? would it be better to leave the us without any application for reentry? thank you

[lety 0]

Hi, i am reading about the ir1 but i am afraid i wont be able to apply for it as a few months ago i separated from my husband, no divorce yet but chances are it will happen. Unfortunately is because of this that i cannot come back soon, i am seeing a doctor, working, etc, life changed for me so quickly and now that i came to the USA i got this warning that i feel i am at a loss. i do not want to loose my green card as i plan to come back as it is here where i have relatives and not abroad where i went only to follow my husband. my only hope was to apply for that reentry permit as advised. thank you for advising me as i have visited 2 lawyers, each with different opinion, i do not know what to do. whatever jeopardizes me the less, that what i would do, even if the only option would be to surrender my green card to at least get a tourist visa and visit my relatives.

[milimelo 4,568]

Ok so you have a green card at least from 2007 - which one - 2yr, 10yr?

At that time you applied for AP and they issued one to you for 2 years expiring in November 2009. You remained out of the country for 3 years and attempted to enter recently.

I am afraid your situation does not look good if you haven't been in the US for 3 years - GC is for living and working in the US, not for visiting. Did you file taxes in the US, maintained a US address (home, mortgage), driver's license?

[belinda63 3,047]

If you don't live in the US and can't prove you live in the US by methods such as (not an inclusive list) having a residence, filing US taxes, maintaining an active bank account, etc. then you are no longer a resident of the US and are not entitled to a green card. Frankly I am surprised you were allowed to enter using the green card after an absence of almost three years.

You can certainly apply for a re-entry permit but I doubt it will be approved given you just had one for two years and exceed it by a almost a year. Most likely it will be determined you are no longer a resident and your green card will be taken away.

[lety 0]

Sorry I did not explain very well, in 2007 I lived more than 6 months in the US, then we left on 2008 and I got an AP for 1 year only which ended in nov 2009. Since then I have not applied to any permit but have been coming to the US specially this year but last time all this happened and the officer then told me that if I knew I was going to be abroad again for a long time I better get the i 327. Do you think it is worth to apply for it?

[lety 0]

One more question, applying for a reentry permit puts me on risk to get my green card take away from me if they deny the permit? Meaning do they only can deny it or can also deny and take green card away from me?

[Deputy Purple 1,294]

Here's what puts you at risk: You have skirted the system and failed to follow the rules of your Residency.

I assume that you are already married for 2 years when you received your greencard? If not, how did you remove conditions?

You seem to have established a life out of the US, why do you want a greencard anymore? As you don't indicate what country you are from, it it difficult to get a Visitor's Visa to the US?

[SimranS 9]

The best thing to do would be to return to your country of citizenship and apply for a B2 tourist visa. When the B2 interview begins, explain that you want to abandon your GC status and hand over your abandonment of permanent residence form along with your GC. They won't be able to deny your visitor visa application on grounds of intent to immigrate, if you're handing over a valid green card at the same time.