LPR or no LPR????

[Hypnos 6,576]

I think winding up in front of an IJ is the most likely outcome, and I don't believe he would have any latitude to allow you to remain on a green card that was improperly issued, nor am I convinced that an entry on an erroneously-issued green card would constitute a legal entry allowing you to file for a new one. I've given my opinion, others have given theirs. What you choose to do is up to you, but please post back here with updates so that anyone in similar circumstances can see what ultimately happened.

Again, for the record, I would toss that green card into a ditch (well, formally abandon it at the US embassy at least) and pursue a whole new application. Yes, it would take the better part of a year, but in my eyes it is the cleanest option. I think any other route is going to be messy and will ultimately get you in Immigration Court, either sooner (if they notice the discrepancy on entry) or later (when you file for RoC). And also again, if you had had AP then this whole issue would be moot (not bashing you, you did what you did, but hopefully others can take something from this).

Edited October 22, 2013 by Hypnos

[redskins47chaos 6]

Okay, here's some updates regarding my case!

I sent a letter to my local USCIS office a couple months ago and finally got a response. The letter is a Notice of Intent to Rescind Adjustment of Status. They clearly responded to my letter and said that my record comfirms that I left without advance parole and that my AOS has therefore been abandoned.

I received another letter attached to the other one. This one was a response to the service request made by a USCIS employee I had on the phone to mail back the Green Card to our US address. Well here's what it says: "Regarding your inquiry dated....there is no record that your permanent resident card has been returned to USCIS either to this office or to any other location." This isn't true...my mother in law clearly mailed them (the local office) the GC after she received it. I know they received it because my USCIS case # indicated delivered until she mailed it back, then it changed to "marked as undeliverable". So they had the card in their possession. The rest says: "you will need to take all relevant documents in your possession regarding your applications and status to the American Embassy and discuss your situation with them. They should be able to advise you what you must do in order to return to the United States."

So what should I do? I don't have the Green Card in my possession and it was never mailed back to my mother in law's. Thanks again for your help guys

[NigeriaorBust 4,087]

It seems if you want to move to the states you are back at square one waiting there for an interview for a CR1/IR1 visa

[redskins47chaos 6]

It seems if you want to move to the states you are back at square one waiting there for an interview for a CR1/IR1 visa

I know, I just wanna make sure everything is taken care of so I can apply for a CR1 Visa.

[Hypnos 6,576]

I see the situation as resolved. USCIS don't need to have the green card in their possession in order to invalidate it (although it is). If your mother-in-law mailed the green card back to them with tracking information then I would obtain the number from her just in case you ever need it, but I doubt you ever will. That green card is dead and buried, and USCIS have finally admitted that it was improperly issued in the first place.

Have your wife file an I-130 now and start anew.

Edited November 2, 2013 by Hypnos

[jaycali 415]

Just thinking out loud here..

Is the actual AOS application officially abandoned upon leaving the US? And if so, is AP a document applied for to keep this from happening, or is AP, as stated by CIS, simply a re-entry document in the absence of any other valid entry document?

But the embassy told her she was a LPR. She is doing what the embassy says.

(thinking out loud too).

That is definitely something I would want in writing from the embassy before I attempted anything based on it.

[redskins47chaos 6]

Just thinking out loud here..

Is the actual AOS application officially abandoned upon leaving the US? And if so, is AP a document applied for to keep this from happening, or is AP, as stated by CIS, simply a re-entry document in the absence of any other valid entry document?

Yes, if you leave the US without AP, your AOS is officially abandoned! The USCIS lady on the phone told me AP was just a document to re-enter if you have no other valid document and she asserted that leaving without it did not abandon my GC. She was obviously wrong! Then again, I called four times and had almost four different answers...

I'm glad my local office finally took care of it.

[jaycali 415]

Sounds like common USCIS misinformation lol.

Either way, if you plan to live in France for a while, I would advise to abandon your status at the US embassy. You can then later apply for a CR-1/IR-1 and time it just right so you'll be able to move when you plan.

Edited November 2, 2013 by jaycali