After filing I-407 I was still able to return to the US. Does this mean I still have my green card?

[Elena99 13]

13 minutes ago, Lucky Cat said:

Departing the US will be no problem............and , personally, I would mail that Green Card back to USCIS on my way to the airport.

Another good idea! Yes, someone like me is likely to get in a huff at some point in the future and do something stupid again. 😉

I certainly will mail that back.

[HRQX 4,145]

46 minutes ago, Elena99 said:

I have come to terms with my leaving now.

After leaving the US, if after many years you have a compelling reason to visit the US you can theoretically try for a nonimmigrant waiver to that inadmissibility: https://dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/ It's a long shot, but theoretically an option for visiting, studying, etc. in the US. That nonimmigrant waiver doesn't require you to have specific US family tie (i.e. spouse or parent).

 

Or if in the future you happen to marry (i.e. a bonafide marriage) a US citizen or LPR you can try for the 212(i) immigrant waiver. Or at least one of your parents becomes LPR or US citizen you can also try for that waiver; for example, if your parent is lucky and gets selected for the Green Card lottery after submitting a free entry and enters the US with the Diversity Visa.

Edited August 23, 2020 by HRQX

[Elena99 13]

That's some really good information! I guess there is always hope for the future. Even just a little bit, makes it less sad to leave. Thank you!

[JJ15232 1]

Elena, please talk to your husband. Don't leave without seeing him. Gather the courage to see him. You flew back, probably with the intent to see him. Don't just leave without getting some closure. Good luck.

[caliliving 606]

Go talk to a competent lawyer before you leave and your husband: no one is going to come knocking on your door anytime soon to deport you. These issues are easily solved while you are still here in the us. 

[Elena99 13]

I would love to do that, I really would. But I know him and I know the heartache I caused when I left. And the big issue here (aside from being in this country illegally - which really is a big issue), I am honestly not an easy person to live with. I bring a lot of drama and my husband is calm and he does everything by the book, so to speak. He wouldn't understand this latest foolishness I have done, because I have done so much in the past. I disrupted his life and he deserves better. He took care of things and made me happy, but that only made me more demanding. I see that now; how unfair I was. When things didn't go my way, I was quick to leave; but not only that I also burned the bridges behind me. That's not honoring a commitment to someone, its just being selfish. I am getting what I deserve. I like to think I have changed, but have I really? I don't know.

Even coming to this country, I did it the wrong way but I took a chance. I always take chances and sometimes that means I lose. In this case, I lost the man I love. Maybe deep down I think he would take me back. Maybe. But if I really love him, as I say I do, then why put him through more of ... me.

No, I think I will go home, my real home.

 

Thank you so much for your nice thoughts and comments. The suggestions and helpful recommendations I have gotten here remind me of my husband. Because of all of the caring words of advice on this site, I feel like I really did talk with him while I was here. 

Thank you all again.

[MaleAlpha 314]

3 minutes ago, Elena99 said:

I would love to do that, I really would. But I know him and I know the heartache I caused when I left. And the big issue here (aside from being in this country illegally - which really is a big issue), I am honestly not an easy person to live with. I bring a lot of drama and my husband is calm and he does everything by the book, so to speak. He wouldn't understand this latest foolishness I have done, because I have done so much in the past. I disrupted his life and he deserves better. He took care of things and made me happy, but that only made me more demanding. I see that now; how unfair I was. When things didn't go my way, I was quick to leave; but not only that I also burned the bridges behind me. That's not honoring a commitment to someone, its just being selfish. I am getting what I deserve. I like to think I have changed, but have I really? I don't know.

Even coming to this country, I did it the wrong way but I took a chance. I always take chances and sometimes that means I lose. In this case, I lost the man I love. Maybe deep down I think he would take me back. Maybe. But if I really love him, as I say I do, then why put him through more of ... me.

No, I think I will go home, my real home.

 

Thank you so much for your nice thoughts and comments. The suggestions and helpful recommendations I have gotten here remind me of my husband. Because of all of the caring words of advice on this site, I feel like I really did talk with him while I was here. 

Thank you all again.

Hi Elena -

 

Few Questions :

1. Did you file the I-407 while you were outside of the US?

2. Is there a reason you didn't include your green card when filing the form? considering it's required unless it was lost or mutilated or some other reason which you would have to state.

     Which of the check boxes did you check or what did you say was the reason why you did not include your physical Green card in the application?

 

Thanks

[Lemonslice 4,852]

1 hour ago, caliliving said:

Go talk to a competent lawyer before you leave and your husband: no one is going to come knocking on your door anytime soon to deport you. These issues are easily solved while you are still here in the us. 

What would be this easy solution that we're all ignoring?

[Elena99 13]

8 minutes ago, MaleAlpha said:

Hi Elena -

 

Few Questions :

1. Did you file the I-407 while you were outside of the US?

2. Is there a reason you didn't include your green card when filing the form? considering it's required unless it was lost or mutilated or some other reason which you would have to state.

     Which of the check boxes did you check or what did you say was the reason why you did not include your physical Green card in the application?

 

Thanks

Yes, I mailed the I-407 when I arrived to my home country. I thought I had to do it that way. I competed the form and mailed it back to the US to a mutual friend that then put it into an overnight mailing pak and mailed it to USCIS. I got an email about a month later from USCIS stating that they received it and my voluntary withdrawal of citizenship was recorded on the day they received it (32 days earlier).

The reason I didn't include the green card was because I couldn't find it. If I remember correctly, I checked a box that said it was lost. Two months later it turned up in a small zippered side section of my luggage. Holding that card again is what started my foolish plan to come back to the States.

[xyz12345 260]

Besides the CBP problem, problem is with the I-407:

 

Part 1) Documents returned and location of submission

           12a: Permanent Resident Card: Yes or No (I guess that you answered NO).

           12b: If you did not return your Permanent Resident Card, select the reason why and select and complete the certification statement: lost, stolen, mutilated, other. (And you answered ???)

         12c: I certify, under penalty of perjury under the laws of the United States of America that I no longer possess my Permanent Resident Card for the reasons stated in this form, which I signed on (mm/dd/yyyy) (And your answer was ????)

[Elena99 13]

1 minute ago, xyz12345 said:

Besides the CBP problem, problem is with the I-407:

 

Part 1) Documents returned and location of submission

           12a: Permanent Resident Card: Yes or No (I guess that you answered NO).

           12b: If you did not return your Permanent Resident Card, select the reason why and select and complete the certification statement: lost, stolen, mutilated, other. (And you answered ???)

         12c: I certify, under penalty of perjury under the laws of the United States of America that I no longer possess my Permanent Resident Card for the reasons stated in this form, which I signed on (mm/dd/yyyy) (And your answer was ????)

That's correct, I answered NO to the question you list as 12a.

Question 12b would have been the card was LOST.

Question 12c, I did sign under penalty of perjury and dated it. 

If you are insinuating that I didn't lose the card and then falsely said I did, you are mistaken. I freely admit to the many mistakes I have made in life and certainly with this issue of coming here illegally, but I didn't lie on that form. I did not remember where I put that card - it was genuinely lost. But like many things that are lost, it was later found.

I was very emotional at the time and I really didn't know if I had dropped it, tossed it with some trash at the airport, or anything else.  I do appreciate your take on things since it could be the questioning I might receive from the USCIS. But, unless mailing to my friend was somehow was a break in protocol, I feel very comfortable with the way I filled that form out and mailed it.

[MaleAlpha 314]

43 minutes ago, Elena99 said:

Yes, I mailed the I-407 when I arrived to my home country. I thought I had to do it that way. I competed the form and mailed it back to the US to a mutual friend that then put it into an overnight mailing pak and mailed it to USCIS. I got an email about a month later from USCIS stating that they received it and my voluntary withdrawal of citizenship was recorded on the day they received it (32 days earlier).

The reason I didn't include the green card was because I couldn't find it. If I remember correctly, I checked a box that said it was lost. Two months later it turned up in a small zippered side section of my luggage. Holding that card again is what started my foolish plan to come back to the States.

Ok that makes sense. Looks like you may have been paroled in as a non-immigrant (it’s within CBPs discretion to do that and it’s very legal) however if you were admitted under LPR status then that would be USCIS oversight and a mistake. 
 

I am not an expert in immigration law but I would recommend you seek clarification of this from USCIS. It may require you filing an I-407 again to record that that you abandoned your LPR status previously and returning your card (and possibly asking USCIS/CBP) to change your admission into the US into a parole as a non-immigrant. May be possible (not sure though) but at least would show USCIS that you didn’t try to misrepresent and could also address issues around accrual of illegal presence.

 

Definitely check in with USCIS on this matter. 

[Elena99 13]

40 minutes ago, MaleAlpha said:

Looks like you may have been paroled in as a non-immigrant (it’s within CBPs discretion to do that and it’s very legal)

Thanks Alpha!

This is something new (at least to me). I don't remember anything special happening. Would I have to sign documents if I was paroled in as a non-immigrant? Do you know if they would give me some kind of instruction, like how long I can stay or  anything? If I didn't break any laws, it changes things for me. 

I really appreciate the input!

[HRQX 4,145]

1 hour ago, MaleAlpha said:

Looks like you may have been paroled in as a non-immigrant (it’s within CBPs discretion to do that and it’s very legal)

Nope. Per INA 212(d)(5)(A) can only be for "urgent humanitarian reasons or significant public benefit" and only for a specific time period (e.g. not indefinite).

1 hour ago, MaleAlpha said:

however if you were admitted under LPR status then that would be USCIS oversight and a mistake.

CBP wrongfully admitted OP as LPR based on OP willfully presenting a formally abandoned GC; thus OP willfully made a material misrepresentation. Can even argue that elements of fraud were met: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2 "Comparing Fraud and Willful Misrepresentation"

Edited August 23, 2020 by HRQX

[Elena99 13]

17 minutes ago, HRQX said:

Per INA 212(d)(5)(A) can only be for "urgent humanitarian reasons or significant public benefit" and only for a set time period.

Hi agin HRQX,

 

Its does say the following on an immigration lawyer page:

 

"The CBP also has discretion to grant parole, allowing an individual to enter the United States for a specific period and/or purpose. Parole is sometimes granted in connection with what is known as deferred inspection. This allows the individual to physically enter the U.S. in order to gather documents or otherwise correct the situation, return to the CBP at an appointed dated, and then, potentially, be properly admitted.

In addition, the CBP is empowered to waive certain document requirements, such as having a valid passport or visa. CBP officers can also adjust the period of admission allowed, as reflected on the I-94 documentation, as part of their discretionary authority."

 

Taken from here:

https://www.murthy.com/2013/10/08/cbps-use-of-discretion-at-ports-of-entry/

 

It seems someone would have told me I have 30 days to gather documents, or something to that affect in my case. No one did, but I was more than a little nervous, so maybe something was said, but I don't think so.