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

[MaleAlpha 314]

44 minutes ago, Elena99 said:

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!

Typically, being paroled as a non-immigrant would be communicated to you at the port of entry and an i-94 record on file (possibly with your passport stamped as well).

It would also require you to sign form i-193 which would waive the visa requirement (as you clearly do not have a non-immigrant visa to enter). Since none of these happened, I am very positive you were not paroled in as a non-immigrant. Can you check your i-94 record online and if there was one created from your last entry? If none was created, it will confirm you were admitted in as an LPR.

 

Now if you were indeed admitted as an LPR, that would clearly be a mistake (both by USCIS not catching it when there's an existing record of such AND by you for not disclosing it at the point of entry) HOWEVER there's still hope. Remember you are NOT the first to go through this. A number of people relinquish their LPR only to realize that they really didn't intend to. Typically there are 2 ways to address this :

(1) Via another immigrant petition OR

(2) Via an immigration judge. Typically you would be denied entry at the POE based on the previously filed i-407, you let the CBP officer know that you would want to contest it in court. The CBP officer will have you sign an i-862 form, take your green card and give you a replacement document that gives you temporary permanent resident status until an immigration judge rules on your case and decides to either re-instate or deny. This is what should have happened in your case BUT didn't. (Link for reference : https://help.cbp.gov/s/article/Article-3671?language=en_US)

 

Again I'm not an immigration law expert AT ALL. Just an immigrant like you who happens to know 1 person who went through this process (they got it re-instated eventually) so I know a bit about this. I will recommend definitely checking in with USCIS to let them know that you were incorrectly admitted under LPR status HOWEVER you will like to re-instate the GC. They will most likely give you the temporary replacement document which allows you to live and work legally, serve you with a Notice To Appear (NTA) and have you present your case in-front of an immigration judge. If you present strong and compelling evidence, the judge may re-instate it without you going through another immigrant petition.

 

I will still recommend checking with a lawyer on this.

 

 

[HRQX 4,145]

25 minutes ago, MaleAlpha said:

The CBP officer will have you sign an i-862 form, take your green card and give you a replacement document that gives you temporary permanent resident status until an immigration judge rules on your case and decides to either re-instate or deny. This is what should have happened in your case BUT didn't. (Link for reference : https://help.cbp.gov/s/article/Article-3671?language=en_US)

You're conflating #1. and #2. from that link. Treat #1. and #2. separately. Per #2., if the CBP officer charges that the individual has abandoned residency (e.g. after prolonged absence, etc.), then they do that process if the individual contests that charge. CBP can't strip an LPR of status; they can only refer the LPR to an Immigration Judge.

 

OP clearly didn't go through process detailed in #2.

[Lemonslice 4,963]

What does your i-94 say for your last entry?

 

https://i94.cbp.dhs.gov/I94/#/home

 

Edited August 23, 2020 by Lemonslice

[Elena99 13]

36 minutes ago, MaleAlpha said:

Can you check your i-94 record online and if there was one created from your last entry? If none was created, it will confirm you were admitted in as an LPR.

I checked it Alpha, and the only record for the I-94 that came up for me was in 2017 when I first came to the US.

So, I guess that confirms it. I was admitted in as an LPR.

Thank you for the detailed information. It's nice to know too that everything can always help someone else in the future.

 

[Elena99 13]

6 minutes ago, Lemonslice said:

What does your i-94 say for your last entry?

There's nothing current there, just my info from 2017.

[xyz12345 260]

3 hours ago, Elena99 said:

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.

Not insinuating. Just asking because if stated that it was lost but then still used it for entering...

[Crazy Cat 42,212]

 

2 hours ago, MaleAlpha said:

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. 

Are you serious?   The OP clearly misrepresented herself as a legal resident after having VOLUNTARILY surrendering her status as an LPR.......

[Crazy Cat 42,212]

1 hour ago, MaleAlpha said:

They will most likely give you the temporary replacement document which allows you to live and work legally, serve you with a Notice To Appear (NTA) and have you present your case in-front of an immigration judge.

I guess you don't realize that an I-407 is irrevocable.....

[Crazy Cat 42,212]

1 hour ago, MaleAlpha said:

A number of people relinquish their LPR only to realize that they really didn't intend to.

This isn't the case here......The OP CLEARLY intended to surrender her status......

Edited August 23, 2020 by Lucky Cat

[Elena99 13]

4 minutes ago, Lucky Cat said:

I guess you don't realize that an I-407 is irrevocable.....

Lucky Cat, the information below is from a government website and it seems to say just what Alpha is talking about. I didn't sign anything, but it looks like I would have to go before a judge and "maybe" have a chance. 

 

If I have abandoned my permanent resident status can I still enter the United States?

1. You can voluntarily relinquish your permanent resident status. You will need to sign a form confirming your desire to relinquish your status (Form I-407) and surrender your green card. Even though you do not have a visitor's visa in your passport, you can still be admitted as a visitor if you sign Form I-193 - waiving the visa requirement.

Relinquishing your permanent resident status does not preclude you from applying for permanent residence again at any point in the future, assuming you are eligible and not subject to any grounds of inadmissibility (criminal record, misrepresentations, etc.) For example, if you have a spouse or an adult child who is a U.S. citizen, they can file a new immigrant visa petition on your behalf when you are ready to move to the United States. In addition, you have the option to request a hearing before an immigration judge at a subsequent application for admission to the United States.

2. You can contest the abandonment charge in immigration court. To do this, you will need to inform the CBP officer that you would like to appear before an immigration judge and check the appropriate box on form I-862 (Notice to Appear), which will be provided to you. The CBP officer will collect your actual green card, but will give you a temporary replacement document that confirms that you continue to be a permanent resident of the United States (until the immigration judge makes a final determination on your case). You will then be paroled into the United States. With the temporary replacement document, you will retain the ability to leave and re-enter the United States and work in the United States while your immigration court proceedings are pending.

If you choose this option, you may have to appear for several court hearings and present your case before an immigration judge who will ultimately make a determination of removability in your case based on the evidence presented.

 

https://help.cbp.gov/s/article/Article-3671?language=en_US

 

 

[geowrian 22,338]

8 minutes ago, Elena99 said:

Lucky Cat, the information below is from a government website and it seems to say just what Alpha is talking about. I didn't sign anything, but it looks like I would have to go before a judge and "maybe" have a chance. 

 

If I have abandoned my permanent resident status can I still enter the United States?

1. You can voluntarily relinquish your permanent resident status. You will need to sign a form confirming your desire to relinquish your status (Form I-407) and surrender your green card. Even though you do not have a visitor's visa in your passport, you can still be admitted as a visitor if you sign Form I-193 - waiving the visa requirement.

Relinquishing your permanent resident status does not preclude you from applying for permanent residence again at any point in the future, assuming you are eligible and not subject to any grounds of inadmissibility (criminal record, misrepresentations, etc.) For example, if you have a spouse or an adult child who is a U.S. citizen, they can file a new immigrant visa petition on your behalf when you are ready to move to the United States. In addition, you have the option to request a hearing before an immigration judge at a subsequent application for admission to the United States.

2. You can contest the abandonment charge in immigration court. To do this, you will need to inform the CBP officer that you would like to appear before an immigration judge and check the appropriate box on form I-862 (Notice to Appear), which will be provided to you. The CBP officer will collect your actual green card, but will give you a temporary replacement document that confirms that you continue to be a permanent resident of the United States (until the immigration judge makes a final determination on your case). You will then be paroled into the United States. With the temporary replacement document, you will retain the ability to leave and re-enter the United States and work in the United States while your immigration court proceedings are pending.

If you choose this option, you may have to appear for several court hearings and present your case before an immigration judge who will ultimately make a determination of removability in your case based on the evidence presented.

 

https://help.cbp.gov/s/article/Article-3671?language=en_US

I think you are misunderstanding what is stated here.

 

Case #1 covers the case of voluntarily relinquishing permanent residency via an I-407. That can even be done at POE. Then one can possibly use an I-193 to request admission w/o a visa. It's saying you can give up your green card then request another IV or NIV in the future.

This is your case.

 

Case #2 covers the case when CBPO determines you have abandoned permanent residency. In which case, you can choose to challenge that decision in immigration court, while being paroled awaiting the NTA.

This is not what happened here. CBPO did not claim you abandoned status. You voluntarily gave it up.

Edited August 23, 2020 by geowrian

[payxibka 10,047]

Did you sign the i407?

 

There is a difference between relinquishment and abandonment.   You didn't abandon,  you relinquished 

[Crazy Cat 42,212]

1 minute ago, Elena99 said:

Lucky Cat, the information below is from a government website and it seems to say just what Alpha is talking about. I didn't sign anything, but it looks like I would have to go before a judge and "maybe" have a chance. 

 

If I have abandoned my permanent resident status can I still enter the United States?

1. You can voluntarily relinquish your permanent resident status. You will need to sign a form confirming your desire to relinquish your status (Form I-407) and surrender your green card. Even though you do not have a visitor's visa in your passport, you can still be admitted as a visitor if you sign Form I-193 - waiving the visa requirement.

Relinquishing your permanent resident status does not preclude you from applying for permanent residence again at any point in the future, assuming you are eligible and not subject to any grounds of inadmissibility (criminal record, misrepresentations, etc.) For example, if you have a spouse or an adult child who is a U.S. citizen, they can file a new immigrant visa petition on your behalf when you are ready to move to the United States. In addition, you have the option to request a hearing before an immigration judge at a subsequent application for admission to the United States.

2. You can contest the abandonment charge in immigration court. To do this, you will need to inform the CBP officer that you would like to appear before an immigration judge and check the appropriate box on form I-862 (Notice to Appear), which will be provided to you. The CBP officer will collect your actual green card, but will give you a temporary replacement document that confirms that you continue to be a permanent resident of the United States (until the immigration judge makes a final determination on your case). You will then be paroled into the United States. With the temporary replacement document, you will retain the ability to leave and re-enter the United States and work in the United States while your immigration court proceedings are pending.

If you choose this option, you may have to appear for several court hearings and present your case before an immigration judge who will ultimately make a determination of removability in your case based on the evidence presented.

 

https://help.cbp.gov/s/article/Article-3671?language=en_US

 

 

It appears to me that these action have to take place when you enter the country.  They did not because you fraudulently misrepresented yourself as a legal resident. 

[Crazy Cat 42,212]

2 minutes ago, payxibka said:

Did you sign the i407?

 

There is a difference between relinquishment and abandonment.   You didn't abandon,  you relinquished 

Agree.  Relinquishment is an act of voluntary commission....which is exactly what happened here.

[HRQX 4,145]

14 minutes ago, Lucky Cat said:

Agree.  Relinquishment is an act of voluntary commission....which is exactly what happened here.

The way the government calls it is "voluntarily abandoning" the status and "relinquishing" the Card (if still in the individual's possession).

https://www.uscis.gov/i-407 "Record of Abandonment of Lawful Permanent Resident Status"

https://hk.usconsulate.gov/visas/immigrant-visas/u-s-lawful-permanent-residents-green-card-holders/abandoning-legal-permanent-resident-status/ "you have decided to voluntarily abandon your status as a Lawful Permanent Resident of the United States and relinquish your green card"

https://www.uscis.gov/sites/default/files/document/forms/i-407.pdf

Edited August 23, 2020 by HRQX