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Rozza143890

Resident alien card given up as infant

By Rozza143890 in General Immigration-Related Discussion

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KierenHby Experienced

KierenHby   899

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Without giving the OP false hope, what are the chances of the OP succeeding on the argument that he did not abandoned his LPR status if he has to argue it in front of an immigration judge who can terminate his LPR status for abandonment?

I'm saying zero.

Would you encourage the OP to go this route?

Worth a (very long) shot! With a compelling argument about being a minor and all, and a sympathetic judge.. ya never know.

**(Not giving false hope, just saying it's worth a try.)

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Ontarkie
Ontarkie

Well since you brought up that it wasn't your choice to give up the card. I want to mention it also wasn't your choice to get it. Your parents moved you to the US without your input and they left the

Rozza143890
Rozza143890

Even though I was only 5 at the time and had no choice due to I was an infant? Ive only recently found out about all this. I believe my parents obtained them through the lottery??

Boiler
Boiler

No mention that they formally surrendered their status, most people it seems just up and leave.

Boiler Grand Master

Boiler   46,299

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Without giving the OP false hope, what are the chances of the OP succeeding on the argument that he did not abandoned his LPR status if he has to argue it in front of an immigration judge who can terminate his LPR status for abandonment?

I'm saying zero.

Would you encourage the OP to go this route?

Nope

Theoretically he could apply for a SB1, and if he had been say 18 may be worth a go. Nothing to suggest he has done anything in his adult life to retain residency.

Hence my first comment on this thread.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

subwayguy Enthusiast

subwayguy   100

Posted
Filed: F-1 Visa Country: Vietnam (no flag)
 Timeline
Posted (edited)

Why do you want to settle in this country?! Hillary Clinton is about to become the president !

I am just joking.

best way to contact a lawyer or US embassy.

Edited by subwayguy
Ontarkie Grand Master

Ontarkie   14,561

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Well since you brought up that it wasn't your choice to give up the card. I want to mention it also wasn't your choice to get it. Your parents moved you to the US without your input and they left the US without your input. So try if you want but your card was based on your parents.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
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Filed 05-09-07
Interview 03-12-08
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Entry 05-06-08
Married 06-21-08
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Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Worth a (very long) shot! With a compelling argument about being a minor and all, and a sympathetic judge.. ya never know.

**(Not giving false hope, just saying it's worth a try.)

What does having to be a minor have to do with this?

His parents can make the legal decision to get him a green card, but they can't make the decision to give it up?

Boiler Grand Master

Boiler   46,299

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

No mention that they formally surrendered their status, most people it seems just up and leave.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

No mention that they formally surrendered their status, most people it seems just up and leave.

Yes, I would agree that formally surrendering the card is another notch against the OP. Not to mention being a minor is not a defense. (His (her?) parents chose to extend residency to him and then chose to withdraw it. No one is "owed" residency just because they, once by no means of their own, obtained it.) Sorry OP. :(

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

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05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

Boiler Grand Master

Boiler   46,299

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

His case seems unbelievably weak.

But in general the card is just evidence of your status, not status itself. Big difference between formally relinquishing your status and not renewing your GC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

His case seems unbelievably weak.

But in general the card is just evidence of your status, not status itself. Big difference between formally relinquishing your status and not renewing your GC.

This is more than "not renewing your GC."

An person living in the US not renewing a GC is vastly different from a person living in another country who does not renew a GC.

Boiler Grand Master

Boiler   46,299

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Fact dependent.

If he was 18 he might have a case. If he had been a coma he might have had a case.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Worth a (very long) shot! With a compelling argument about being a minor and all, and a sympathetic judge.. ya never know.

**(Not giving false hope, just saying it's worth a try.)

It would be a waste of time for all concerned. In this specific situation, there is no chance whatsoever.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
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