Emergency Visa?

[Nitas_man 3,100]

6 minutes ago, Mike E said:

She might be sent to secondary.  As per the document I linked she will not be deported unless she gives in to pressure and signs the I-407.  
 

Deportation requires a trial in front of a judge.  
 

I don’t know what the children have to do with this.  

Also to the assertion that CBP cannot take her green card at the port of entry.  Not true.  Per the link:

 

“If CBP takes your permanent resident card, you have the right to other evidence of your LPR status, such as a stamp in your passport.”

 

What CBP cannot legally do is take her LPR status or leave her without proof of LPR status.  
 

Correct my post to “status” and thanks

[Timona 4,207]

I would just fly and attempt entry.

Maybe try Memorial day when CBP  may be in good moods (Just lighting up the day here). But knowing me and the way I evade stress like a plague, I would attempt entry. 

 

[retheem 565]

Simple case; take a flight to the US. And do not sign anything from CBP. America is called the land of the brave for a reason. Think about it

[Dashinka 24,498]

Considering the OP is asking a hypothetical that may occur at sometime in the future, and it appears they are leaning toward remaining outside the US, it would seem the I407/B2 route would be the best course of action.  If the OP plans to repatriate to the US then they could try their luck with simply attempting to enter, or as @Nitas_man suggested, the SB1 route.

[Mike E 11,739]

2 hours ago, Timona said:

I would just fly and attempt entry.

Maybe try Memorial day when CBP  may be in good moods (Just lighting up the day here). But knowing me and the way I evade stress like a plague, I would attempt entry. 

 

It isn’t even an attempt. 100 percent chance of success.  
 

let’s look at the tree possibilities. In each of these I assume the LPR refuses to sign I-407.  
 

OP tries SB-1

 

* succeeds: probably CBP won’t pressure LPR to sign I-407.  LPR is admitted.  Costs months and hundreds of dollars.  
 

* fails. LPR is left with below options. 
 

OP files I-130 / DS-260

 

* succeeds: former LPR probably admitted. Costs years and thousands of dollars 

 

* fails: possibly the previous LPR status is deemed abandoned.  Dunno.  Assume so.  
 

LPR files for B2 visa.  
 

* succeeds.  LPR gets asked by CBP why a B2 when there is a green card   Costs months and hundreds of dollars.  
 

LPR enters on green card. 
 

* succeeds: 100 Percent guarantee.  No wait.  No money.  
Worst case an NTA, which given OP is entering the other option s can just be ignored after the LPR can leave before the court date.  
 

 

It is obvious what to do.  But if people have lots of money and time I suppose those two things exist to spend.  Me I would rather spend lose cash on single malt and my time sipping it.  But that’s just me.  

Edited May 26, 2021 by Mike E

[Boiler 45,516]

Paying rent for over 2 years on an apartment sounds a pretty good tie, who would do that if they were not intending to return?

[Nitas_man 3,100]

5 hours ago, Mike E said:

It isn’t even an attempt. 100 percent chance of success.  
 

let’s look at the tree possibilities. In each of these I assume the LPR refuses to sign I-407.  
 

OP tries SB-1

 

* succeeds: probably CBP won’t pressure LPR to sign I-407.  LPR is admitted.  Costs months and hundreds of dollars.  
 

* fails. LPR is left with below options. 
 

OP files I-130 / DS-260

 

* succeeds: former LPR probably admitted. Costs years and thousands of dollars 

 

* fails: possibly the previous LPR status is deemed abandoned.  Dunno.  Assume so.  
 

LPR files for B2 visa.  
 

* succeeds.  LPR gets asked by CBP why a B2 when there is a green card   Costs months and hundreds of dollars.  
 

LPR enters on green card. 
 

* succeeds: 100 Percent guarantee.  No wait.  No money.  
Worst case an NTA, which given OP is entering the other option s can just be ignored after the LPR can leave before the court date.  
 

 

It is obvious what to do.  But if people have lots of money and time I suppose those two things exist to spend.  Me I would rather spend lose cash on single malt and my time sipping it.  But that’s just me.  

We haven’t been making stuff up.

 

Personally:  surrendered GC filed new I130 succeeded

Filed SB1 on a long expired travel doc succeeded

 

You dont fly in on a SB1 and get pressured to hand in your GC.  Your GC is in the envelope you carry in with you

 

IF:  Put in removal then leave - THAT costs “thousands of dollars” and carries future consequences

 

It costs nothing but filing fees to abandon and get a new green card - no future consequences

It costs nothing but fees to fly in on an SB1 - start over no future consequences

It is a very easy question to answer - why did you abandon your green card for a visit visa?  “I could have entered and stayed but I dont want to and dont intend to immigrate”  Beautiful situation to be in entering on a B visa

 

So perhaps it’s better to get what you want when you want it - as long as you are prepared to deal with the consequences.  The consequences of getting yourself into removal proceedings can be long term and far reaching