I'm torn between my husband and America

[Marieke H 2,521]

20 minutes ago, lucardo3 said:

2 people who was abroad more than 2 years (unexpired GC)

The bolded part of your post explains why their circumstances were very different from the OP's circumstances. OP needs to have some kind of unexpired proof of LPR status to be able to board a flight.

 

Edit: @aaron2020 beat me to it!

Edited December 4, 2020 by Marieke H

[Crazy Cat 42,032]

4 minutes ago, lucardo3 said:

Hopped in the plane.

Not with expired travel documents, they didn't.....

[lucardo3 220]

3 minutes ago, Marieke H said:

The bolded part of your post explains why their circumstances were very different from the OP's circumstances. OP needs to have some kind of unexpired proof of LPR status to be able to board a flight.

 

Edit: @aaron2020 beat me to it!

Yes, my answer was to the post saying if someone is abroad for more two than years, they are no longer GC holder part. That` is not always the case IF one still has Unexpired GC. but like you mentioned it is different with expired GC.

Edited December 4, 2020 by lucardo3

[HRQX 4,145]

11 minutes ago, SusieQQQ said:

And if the alien cannot get back to the US because there is no longer any acceptable proof of LPR status? 

Can also submit I-130 and can get the F2A visa, per case law. The obstacle would be CBP. The F2A traveler must either travel with OP or after OP has entered; i.e. F2A cannot enter before OP. As already mentioned, CBP cannot revoke LPR status. But they can refuse entry (i.e. they have discretion) as only US nationals and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed US entry.

 

Also note that after 180 days of leaving the US a LPR is "regarded as seeking an admission into the United States for purposes of the immigration laws" per INA § 101(a)(13)(C)(ii).

Edited December 4, 2020 by HRQX

[SusieQQQ 11,587]

4 minutes ago, HRQX said:

Can also submit I-130 and can get the F2A visa, per case law. The obstacle would be CBP. The F2A traveler must either travel with OP or after OP has entered; i.e. F2A cannot enter before OP. As already mentioned, CBP cannot revoke LPR status. But they can refuse entry (i.e. they have discretion) as only US nationals and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed US entry.

 

Also note that after 180 days of leaving the US a LPR is "regarded as seeking an admission into the United States for purposes of the immigration laws" per INA § 101(a)(13)(C)(ii).

 

Let’s take this one step further. For a  conditional LPR who will not be able to board a flight back because all documents are expired, if this person misses their eventual i751 interview (I suspect there are big complications here because that is taking so long, but that’s another issue) are they assumed to have abandoned the case and lose LPR status that way?

[HRQX 4,145]

3 minutes ago, SusieQQQ said:

are they assumed to have abandoned the case and lose LPR status that way?

The wording on I-751 denial notice that essentially says "status is revoked" is not legally accurate, per multiple precedent decisions:

 

[SusieQQQ 11,587]

4 minutes ago, HRQX said:

The wording on I-751 denial notice that essentially says "status is revoked" is not legally accurate, per multiple precedent decisions:

 

Moot point if she can’t get back to argue before an IJ?

 

 

[Calicolom 266]

1 hour ago, SusieQQQ said:

If everything is expired the airline will not allow you to board. Period. 

The airlines are getting very picky. I purchased a ticket for my wife, she is Colombian/ US citizen. The ticket was in first name, maiden name, (same as her colombian passport) and married name (same as her US passport) They gave her a hard time about, the ticket not matching her Colombian Passport or her US passport. She told them, I am american citizen, I have to get back home, I will call my lawyer. They then let her pass.

[Bob in Boston 765]

43 minutes ago, Lucky Cat said:

How did they manage to travel to the US?  The OP will likely be denied boarding a flight

They had unexpired green cards

[Calicolom 266]

35 minutes ago, lucardo3 said:

Hopped in the plane.

Mexico, US Border or Canada.

[Kai G. Llewellyn 838]

I think there is an additional risk that hasn't been considered here. Even if CBP do admit you into the US for being out so long, this does not make you 100% safe. If you file form N-400 for Naturalization, USCIS can examine your presence in the US all the way back to the US since your initial grant of LPR status. They can make a determination here even if CBP did not that you abandoned LPR status. This can cause you to be placed in removal proceedings.

 

Worse yet, if an IJ rules against you, you can also be charged with inadmissibility for not being in possession of a valid entry document at time of admission under INA 212(a)(7)(A)(i)(I). This is because when you appeared at the port of entry, your I-551 or entry document is no longer considered valid because your status had been abandoned. Returning residents are not covered by INA 212(a)(7)(A)(i)(I) however, because they may deem your status having been abandoned, you no longer are classified as a returning resident and therefore subject to that clause of inadmissibility.

 

Please review established case law here:

https://www.jqklaw.com/ilp015---legal-analysis-of-challenges-to-claims-of-abandonment-of-lawful-permanent-resident-status.html

[Loren Y 2,756]

Just spitballing here, as I'm not sure OP could pull it off, but maybe manage to get a boarding foil issued at the local US embassy. That would at least get the OP onto a flight to present herself for admission to the US. I know they are usually issued if you lost your travel documents, but they might issue one with a valid reason. Just throwing this out there, maybe it is a impossibly, I'm just trying to figure a way to get OP onto a plane.

[Kai G. Llewellyn 838]

5 minutes ago, Loren Y said:

Just spitballing here, as I'm not sure OP could pull it off, but maybe manage to get a boarding foil issued at the local US embassy. That would at least get the OP onto a flight to present herself for admission to the US. I know they are usually issued if you lost your travel documents, but they might issue one with a valid reason. Just throwing this out there, maybe it is a impossibly, I'm just trying to figure a way to get OP onto a plane.

I think the Embassy would just direct OP to apply for a SB-1 given how long they have been out. A boarding foil is just for those who have been out for a short period and lost their Green Card during their travels.

 

OP's best bet if they really want to get back in is attempting to enter at the Mexican-US land border, Canada is no-go due to the prohibition on non-essential travel. I think Mexico is still allowing arrivals by air.

Edited December 4, 2020 by CanadaDude

[Timona 4,208]

13 minutes ago, Calicolom said:

Mexico, US Border or Canada.

 

7 minutes ago, Loren Y said:

Just spitballing here, as I'm not sure OP could pull it off, but maybe manage to get a boarding foil issued at the local US embassy. That would at least get the OP onto a flight to present herself for admission to the US. I know they are usually issued if you lost your travel documents, but they might issue one with a valid reason. Just throwing this out there, maybe it is a impossibly, I'm just trying to figure a way to get OP onto a plane.

 

I like these reasonings.

 

I would just fly to Mexico/ Canada border then attempt on foot. What is there to lose??? @sadgirloverseas

Attempting nothing will add you stress. So atleadt try..Book the cheapest POE

[SusieQQQ 11,587]

28 minutes ago, Loren Y said:

Just spitballing here, as I'm not sure OP could pull it off, but maybe manage to get a boarding foil issued at the local US embassy. That would at least get the OP onto a flight to present herself for admission to the US. I know they are usually issued if you lost your travel documents, but they might issue one with a valid reason. Just throwing this out there, maybe it is a impossibly, I'm just trying to figure a way to get OP onto a plane.

I131a is the form for that, officially that will only be issued if you have been out of the US for less than a year, and requires either an (expired ok) 10-year green card, or a still valid NOA with a conditional expired GC.  See the “special instructions” section https://www.uscis.gov/i-131a I mean sure she could pay the fee and then see if the embassy will issue it ... worst case she’s lost some money and back in the same situation she is now 

Edited December 4, 2020 by SusieQQQ