Returning LPR Recently Convicted, In a Bind

[Pain_n_Sufferin 0]

Hi all,

I am a US LPR since 2008. Recently I was convicted for one count of simple assault in Canada. The crime is non-violent, not domestic and proceeded summarily (ie: a misdemeanor with a max sentence of 6 months in jail). I was sentenced to 2 months of probation. Anyway, as a result the Canadians refused to extend my visa and I am getting deported back to the U.S. later this year when I finish my probation.

Here's the problem. I have been studying for my post-secondary education in Canada for a couple of years (gonna receive my MSc diploma later this month). With the deportation and conviction on top it is likely that CBP will try to screw with me by claiming that I have abandoned my PR status.

Here are some of the facts on my side:

1. I last entered the US less than a year ago (to the date of my deportation)

2. I have filed income tax returns dating all the way to 2009.

3. Immediate family members (dad & brother) that are both US citizens residing at my U.S. address.

4. US bank statement showing significant saving.

Some problems that are not on my side besides deportation & conviction:

1. Obviously I have not spent a lot of time living in the U.S., grad school and all that.

2. Not employed currently (I am going to try to get my supervisor to connect me to someone in the U.S. and hopefully get a reference letter from said person expressing interest to take me in as a student).

3. No apartment leased under my name currently.

What documents should I try to obtain to fight abandonment & any dos & don'ts when I speak to the CBP officer? Thank you all!

Edit: also, would you recommend a particular method of travel/port of entry? I was thinking about driving across the border with my girlfriend (who is going to be on visitor visa to the U.S.) but now I am not so sure.

Edited October 14, 2016 by Pain_n_Sufferin

[Georgia16 2,858]

Hi all,

I am a US LPR since 2008. Recently I was convicted for one count of simple assault in Canada. The crime is non-violent, not domestic and proceeded summarily (ie: a misdemeanor with a max sentence of 6 months in jail). I was sentenced to 2 months of probation. Anyway, as a result the Canadians refused to extend my visa and I am getting deported back to the U.S. later this year when I finish my probation.

Here's the problem. I have been studying for my post-secondary education in Canada for a couple of years (gonna receive my MSc diploma later this month). With the deportation and conviction on top it is likely that CBP will try to screw with me by claiming that I have abandoned my PR status.

Here are some of the facts on my side:

1. I last entered the US less than a year ago (to the date of my deportation)

2. I have filed income tax returns dating all the way to 2009.

3. Immediate family members (dad & brother) that are both US citizens residing at my U.S. address.

4. US bank statement showing significant saving.

Some problems that are not on my side besides deportation & conviction:

1. Obviously I have not spent a lot of time living in the U.S., grad school and all that.

2. Not employed currently (I am going to try to get my supervisor to connect me to someone in the U.S. and hopefully get a reference letter from said person expressing interest to take me in as a student).

3. No apartment leased under my name currently.

What documents should I try to obtain to fight abandonment & any dos & don'ts when I speak to the CBP officer? Thank you all!

Edit: also, would you recommend a particular method of travel/port of entry? I was thinking about driving across the border with my girlfriend (who is going to be on visitor visa to the U.S.) but now I am not so sure.

Why would they screw with you??? The fact IS that you did abandon your PR status.

[Pain_n_Sufferin 0]

Why would they screw with you??? The fact IS that you did abandon your PR status.

Eh, okay. Is there anything I can do to at least have a fighting chance of getting my GC back if they take it when I cross?

[Georgia16 2,858]

Eh, okay. Is there anything I can do to at least have a fighting chance of getting my GC back if they take it when I cross?

Did you file any papers that allowed you to be out of the country studying for a year and after that year did you extend it another year??

How long have you been away?

A Green Card is for living in USA but for people studying there is a document they and fill out so they can stay out for a longer time does just not sound like you did that at all and that you have been away for a long time.

So why should you have your GC back if they infect take it?

[Pain_n_Sufferin 0]

No I did not sign a reentry permit if that's what you are saying. I have been studying since 2011 and made multiple visits to the U.S. during that time. One time a CBP officer told me they do not hold studying outside the country against the LPR and I suppose that gave me a false sense of security. Yes you are right I should've signed reentry form. No I cannot turn back time and sign it now.

All I am asking is what to do for damage control. For example, talking to my family and having them seek out apartments so I can sign a lease as soon as I am back in the country (even if I was put on parole), etc. If I was planning to just take it lying down and never see my family again I wouldn't be here asking questions.

Edited October 14, 2016 by Pain_n_Sufferin

[Penguin_ie 5,996]

The conviction may be a minor extra "negative", but the main issue will be your time out of the country, and without a re-entry permit at that.

[N-o-l-a 7,168]

I'm trying to think of another case that I've seen similar to yours on VJ and all I'm thinking of is LPRs who married to USCs who were outside of the country to study. I don't recall any cases of it being taken away for studying outside the country, living and working without studying, yes, but not just studying. It is a shame that you didn't visit home more often because this whole situation could have been avoided.

I think it will count positively towards your case that you did not have residency in Canada. Did you ever apply for residency there?

Your best bet is most likely simple answers that are honest and not coming with the girlfriend in tow. She could be seen as an overstay risk. Why does she have a visa, is she not Canadian? Double strike if not Canadian. If they ask what you were doing just tell them studying and now you've finished your degree and are returning home to live with your family again.

[N-o-l-a 7,168]

I missed the edit point, but wanted to add that you are in an incredibly unique situation that I'm not sure is even DIY or if anything you do will positively effect the outcome. How will your deportation factor into your interaction with the border officer after so long away? Only a very few LPRs in the country would probably even have experienced anything even close to it. Everyone's guess is probably as good as yours.

[Michael2017 368]

I read from people that spend 5 years out of USA and come back without problems. The CBP office cant refuse entry with a GC, he can refer you to a judge. The judge will decide if you kept a "domicile" in the USA - e.g. always intended to come back, and as you mentioned, you have kept ties and therefore domicile. While time spend outside without re-entry permit, to study is a legit reason, if you kept ties. So, I would say that you are not at an extreme risk that the CBP officer will refer you to an immigration judge. He will let you in, in any case as he has not the power to take your GC. Thus, collect all your documents you have that shows that you have maintained ties to the US and I am positive you can overcome the problem. I talked to people that are out since 10 years and visited once yearly - still always entered. Others were out 5 years +, again, they were allowed to enter after they explained themselves. My opinion: This can be overcome!

Edited October 15, 2016 by Michael2017

[Hypnos 6,578]

After a year outside the US there is a presumption that you have abandoned your LPR status. The onus is on you to rebut this presumption.

As for people who have spent five or even ten years outside the US and kept their green cards, that's just nonsense I'm afraid.

[Pain_n_Sufferin 0]

Thank you all for the opinions, folks! Positive or negative I appreciate all your candid responses.

I'm trying to think of another case that I've seen similar to yours on VJ and all I'm thinking of is LPRs who married to USCs who were outside of the country to study. I don't recall any cases of it being taken away for studying outside the country, living and working without studying, yes, but not just studying. It is a shame that you didn't visit home more often because this whole situation could have been avoided.

I think it will count positively towards your case that you did not have residency in Canada. Did you ever apply for residency there?

Your best bet is most likely simple answers that are honest and not coming with the girlfriend in tow. She could be seen as an overstay risk. Why does she have a visa, is she not Canadian? Double strike if not Canadian. If they ask what you were doing just tell them studying and now you've finished your degree and are returning home to live with your family again.

Nope I never applied for residency in Canada even though I probably would qualify for skilled worker requirement down the line (my PhD project is funded by the Canadian Space Agency with collaboration from NASA). What can I say, I jumped at the chance to work with someone with amazing experience without thinking too much about the immigration consequences. Now I am probably screwed. Original plan was to finish my education and return to the US for higher pursuits. The conviction unfortunately cut it short and now all I am hoping for is to be reunited with my family and resume my education in the US.

Yeah my girlfriend is not Canadian nor American and that's the reason why I think it's better to go without her. After all she's really there for a science conference and we thought it will be great if we can go together and have a road trip before we see each other again after god knows how long. It will certainly suck if she got turned away for suspicions of overstay. I will see if I can cross the border with my dad (who is an American citizen) together.

Edited October 15, 2016 by Pain_n_Sufferin

[Michael2017 368]

After a year outside the US there is a presumption that you have abandoned your LPR status. The onus is on you to rebut this presumption.

As for people who have spent five or even ten years outside the US and kept their green cards, that's just nonsense I'm afraid.

Here the threat of a person whom's mom was out of the country for 5 years, still entered without problem as LPR, and she got a re-entry permit issued to leave back to Iran straight away after that visit. Thus, no problems entering after 5 years. In our German forums, many diversity visa lottery winners have stayed in Germany ,3,4,5 years before they decided to move to USA, with almost no visits or no visits. Non of them lost the green card! While I dont advise staying outside for 5 years, not even more than 1 year, there are plenty of examples where CBP officers did not refer the person to a judge. The OP has ties to the US and visited rather frequently, again, he has a fair chance in my opinion. If the CBP officer really refers him to a judge, he should use a lawyer, to file for waiver etc. and help with legal advice.

http://www.visajourney.com/forums/topic/611067-mom-petitioner-doesnt-live-in-the-us-problem-split/page-1

Edited October 15, 2016 by Michael2017

[Everlast 49]

Hi all,

I am a US LPR since 2008. Recently I was convicted for one count of simple assault in Canada. The crime is non-violent, not domestic and proceeded summarily (ie: a misdemeanor with a max sentence of 6 months in jail). I was sentenced to 2 months of probation. Anyway, as a result the Canadians refused to extend my visa and I am getting deported back to the U.S. later this year when I finish my probation.

Here's the problem. I have been studying for my post-secondary education in Canada for a couple of years (gonna receive my MSc diploma later this month). With the deportation and conviction on top it is likely that CBP will try to screw with me by claiming that I have abandoned my PR status.

Here are some of the facts on my side:

1. I last entered the US less than a year ago (to the date of my deportation)

2. I have filed income tax returns dating all the way to 2009.

3. Immediate family members (dad & brother) that are both US citizens residing at my U.S. address.

4. US bank statement showing significant saving.

Some problems that are not on my side besides deportation & conviction:

1. Obviously I have not spent a lot of time living in the U.S., grad school and all that.

2. Not employed currently (I am going to try to get my supervisor to connect me to someone in the U.S. and hopefully get a reference letter from said person expressing interest to take me in as a student).

3. No apartment leased under my name currently.

What documents should I try to obtain to fight abandonment & any dos & don'ts when I speak to the CBP officer? Thank you all!

Edit: also, would you recommend a particular method of travel/port of entry? I was thinking about driving across the border with my girlfriend (who is going to be on visitor visa to the U.S.) but now I am not so sure.

I don't see what the worry is. Why don't you call border control office and speak to an immigration officer, some are really helpful. Note: Not the helpful desk.

[Boiler 45,932]

SB1 Returning Residents Visa comes to mind.

Interested to know how a deportation works and if the US PoE would know and look at things more closely?

Presumably the offence is not enough to get your deported from the US.

I also have not seen this combination, I guess this is an example of where a Lawyer earns their big bucks.

Canada will not take you back, as a LPR worst situation is that they will detain you and put you up in front of an IJ.

[Jawaree 718]

I think if you get VD from Canada you can pack your stuff & show up

at the border minus the g/friend, she can enter but do so separately.

Have docs to back up your arguments, be honest & adopt your dads

address as your own temporary, dont go getting leases & suspicious

docs to make things worst.

You will have to be referred to an IJ they can release or hold you until

you see the IJ to make a determination. (I doubt they'll hold someone

for non violent issue) Dont travel too soon after you get in.