LPR or no LPR????

[redskins47chaos 6]

If you can't get USCIS to take the Green Card back and you want the thing off your hands (preferably with documentation showing that you abandoned the status, so you have a clean slate going forward), one option would be to make an appointment at the US embassy and surrender the card there.

http://france.usembassy.gov/iv-green-card-abandonment.html

The staff might be confused, though, as you would be giving up an apparently valid Green Card not because you have no intention of returning to and residing in the United States but so that you can start the process all over again!

I don't want the thing "off my hands" lol I just wanna either use it if it's valid or give it up according to the procedure. Although I shouldn't have to give it up because I shouldn't have received it in the first place. The problem is that the USCIS won't acknowledge that. They told me my GC was valid....Can I just call a POE and speak to an officer who actually knows what they're talking about? What do you guys think?

[AmyWrites 593]

I would call USCIS again and ask for a tier 2 person.

[redskins47chaos 6]

And btw, I did email the embassy in France and they said not to contact them unless the USCIS tells me so. They said the decision was to be made by the USCIS not them.

[redskins47chaos 6]

I would call USCIS again and ask for a tier 2 person.

That might be a good idea, thanks!

[Harpa Timsah 13,258]

This might be a job for the Ombudsman (helper person). http://www.dhs.gov/ombudsman-case-assistance

[olsan3 8]

very complicated situaton thats for sure.

[bdawn 66]

No one on here is absolutely certain - and not just practically certain - that they're right. The only authoritative confirmation as to whether or not you're still considered a permanent resident is USCIS. I suggest you find a way to talk to a supervisor at USCIS or something. You might still be considered a permanent resident if the person supposed to have indicated you have "abandoned" your permanent residency indicated "card undelivered" instead. This is why you've got to speak with a supervisor. Your card might still be valid.

Hey VJers, so I made a topic a month or so ago about my situation but would like to clarify it once and for all:

-I (the non USC spouse) entered the US in September 2012 on a K1 Visa

-We got married on October 6 2012

-I applied for AOS in December 2012

-I received my EAD in February 2013

...we changed our plans and decided to go back to France for a little while. Please note that I did not apply for AP with my EAD card. We left the US on July 8 2013.

-I received my GC in the US on July 24th, it says on the card that I'm a LPR since: July 20, 2013

We are now wanting to go back to the US. We thought the GC would be considered abandoned and we'd have to re-apply for a whole new visa. Basically we had my mother in law (she received the GC) send back the card to our local USCIS office with a note explaining the situation...I also sent a letter to our local office but never got a response. Anyway, when I enter my case number on the USCIS website, it says the card was undeliverable and will be hold for 180 days bla bla bla...

My wife and I finally called the USCIS from France and explained the whole thing. Well the lady said that she'd have the GC mailed back to our US address and that my mother in law could send us the card in France and that I could re-enter the US without a problem because if I have the card in hand I am a LPR....which is total BS! I even explained that I left without AP and everything but she said they wouldn't see the date I left the country at the POE.

Question: What the heck do we do and who do we believe??? Am I a LPR or not?? How do we know if our application is abandoned or not???

We are quite confused....Thank you for reading and helping us solve that complicated and unusal case

[Benediction 15]

I would call CBP. There is a number to speak with them and let them know of your predicament. I don't have the number off the top of my head, but I would certainly call them and ask if you could enter given the circumstances you have given. I believe you can.

[NigeriaorBust 4,087]

Section B covers the current case

(4) Effect of departure --

(i) General . The effect of a departure from the United States is dependent upon the law under which the applicant is applying for adjustment.

(ii) Under section 245 of the Act . (A) The departure from the United States of an applicant who is under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of the proceeding by reason of the departure. Except as provided in paragraph (a)(4)(ii)(B) and © of this section, the departure of an applicant who is not under exclusion, deportation, or removal proceedings shall be deemed an abandonment of the application constituting grounds for termination of any pending application for adjust ment of status, unless the applicant was previously granted advance parole by the Service for such absences, and was inspected upon returning to the United States. If the adjustment application of an individual granted advance parole is subsequently denied the individual will be treated as an applicant for admission, and subject to the provisions of section 212 and 235 of the Act. (Paragraph (a)(4)(ii) revised effective 7/1/99; 64 FR 29208 )

(B) The travel outside of the United States by an applicant for adjustment who is not under exclusion, deportation, or removal proceedings shall not be deemed an abandonment of the application if he or she was previously granted advance parole by the Service for such absences, and was inspected and paroled upon returning to the United States. If the adjustment of status application of such individual is subsequently denied, he or she will be treated as an applicant for admission, and subject to the provisio ns of section 212 and 235 of the Act.

© The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa ( if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status. (Revised 11/1/07; 72 FR 61791 )

(D) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful V status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is admissible as a V nonimmigrant. (Added 9/7/01; 66 FR 46697 )

[redskins47chaos 6]

I would call CBP. There is a number to speak with them and let them know of your predicament. I don't have the number off the top of my head, but I would certainly call them and ask if you could enter given the circumstances you have given. I believe you can.

That's what I'd really like to do as well! Do I just call a random POE or is there an actual number to speak to CBP officers? Thanks.

[Harpa Timsah 13,258]

cpb.gov

There is a general hotline there; I called them once.

I do think this comes down to jurisdiction, USCIS giveth, and USCIS must taketh away.

[redskins47chaos 6]

cpb.gov

There is a general hotline there; I called them once.

I do think this comes down to jurisdiction, USCIS giveth, and USCIS must taketh away.

I tried to call but nobody is on the line because of the gov shutdown

[Harpa Timsah 13,258]

I tried to call but nobody is on the line because of the gov shutdown

Did you try to USCIS ombudsman?

[redskins47chaos 6]

Did you try to USCIS ombudsman?

Not yet, but I sure will! I'll keep you guys posted, thanks for your help

[Hypnos 6,576]

Ugh, this is a difficult one.

My take (and honestly everyone here is posting opinions - sometimes very educated opinions, but opinions nonetheless) would be to have your mother-in-law mail you the green card in France, formally surrender it at the US embassy in France (by filing an I-407: http://photos.state.gov/libraries/164203/dhs/I-407.pdf) and then reapply, beginning the process anew all over again. You departed the US without AP prior to the issuance of your green card, so it was improperly issued. If you keep this green card then when it comes time to file for RoC / naturalisation then someone is going to connect the dots and see what happened, and it probably won't end well for you.

I personally would not use that green card at all; do not work on it, do not travel on it.

You may want to consult with an experienced immigration attorney to get their opinion on how you should proceed. You can receive some quick attorney answers (for free) by posting over at http://www.avvo.com

One final point: Harpa was correct to say AP could have saved your bacon here. If you had filed it then you would now be able to return to the US easily and your I-485 would never have been deemed abandoned once you left. I doubt three months abroad would constitute as an abandonment of residency either, unless you did something like file a US tax return declaring yourself as a nonresident.

Edited October 10, 2013 by Hypnos