Green Card advice... Left the US pre-Covid and looking to return. (merged)

[UKguy2021 10]

14 minutes ago, Dashinka said:

I agree, since the terms of the Conditional GC were not met, and the immigrant left the US voluntarily, I expect the case was closed.

 

To the OP, maybe a consult with an immigration attorney would be helpful, but honestly I think it is a lost cause.

 

 

Thanks for all your information and help. Appreciated. Will all the terms of conditional GC status etc effect me on a tourist visa with my UK passport even for a holiday?

[Bob in Boston 765]

54 minutes ago, UKguy2021 said:

Thanks for all your information and help. Appreciated. Will all the terms of conditional GC status etc effect me on a tourist visa with my UK passport even for a holiday?

You should do a "freedom of information act" (FOIA) . Visit this link, may help you get the info you want. Request Records through the Freedom of Information Act or Privacy Act | USCIS)

As far as a tourist visa goes that can go both ways so all you can do is try,

[mindthegap 2,599]

What does it say when you put your A# in here?

https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

[da95826 387]

53 minutes ago, UKguy2021 said:

Will all the terms of conditional GC status etc effect me on a tourist visa with my UK passport even for a holiday?

Maybe, but not likely. Since you had a green card and abandoned it returning home to the UK you have shown you rather live in the UK and not move to the USA so there is a good chance you can get a visa. As long as you were not ordered removed from the USA and deported and you never overstayed a visa there would not be any bars for you to return to visit the USA. But your legal resident status is long gone as you abandoned it.

 

You can do a freedom of information request with USCIS to pull your immgration records to see how your case ended, also you can check with the immgration courts near where you lived to see if you ended up with a removal case against you at any point in time.

[mindthegap 2,599]

2 hours ago, UKguy2021 said:

Thanks, what is the worst case scenario at POE? Deported back to UK, Imprisonment for not following immigration rules etc. I was thinking of returning on my UK passport, then once back in the US I could sort my status and green card out that way.

 

It isn't as simple as that and completely misses the point. 

 

If your I-751 was denied, and you have had a final order of removal against you in abstentia- which is likely given the length of time elapsed and the lack of status updates for your case online - you are no longer a LPR, ie, there is nothing to sort out - you have ceased to be a permanent resident. 

 

Even if that isn't the case, your extension has long expired, and with an expired 2 yr card you cannot board to the US to present at a POE as a LPR for a hearing with an immigration judge, which would likely lead to a termination of status anyway due to the length of time out of the US with no clear ties or intent to return.  If you are no longer a LPR, you cannot obtain a boarding foil.

 

 

 

If you have had a final order of removal, an ESTA would likely be denied. You could apply for a B2 visa, but you need to establish your current status first before anything else. 

 

 

 

1 hour ago, UKguy2021 said:

It doesnt update me on my status on the USCIS tracker, it just says that my case was transferred to a new office who has jurisdiction now with no other information. 

It won't update when denied - only when approved (I have two denials and they still say transferred to local office ). 

 

 

As above, put your A# into the immigration court site and see if there was a hearing in your absence: https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

Also, do a FOIA request.

 

Have you actually phoned USCIS and asked them your current status of your receipt number? 1 (800) 375-5283

 

 

 

Edited July 5, 2021 by mindthegap

[UKguy2021 10]

35 minutes ago, Bob in Boston said:

You should do a "freedom of information act" (FOIA) . Visit this link, may help you get the info you want. Request Records through the Freedom of Information Act or Privacy Act | USCIS)

As far as a tourist visa goes that can go both ways so all you can do is try,

Thanks Bob FOIA is already in with USCIS. Just waiting for that info 🤞🏼

[UKguy2021 10]

29 minutes ago, da95826 said:

Maybe, but not likely. Since you had a green card and abandoned it returning home to the UK you have shown you rather live in the UK and not move to the USA so there is a good chance you can get a visa. As long as you were not ordered removed from the USA and deported and you never overstayed a visa there would not be any bars for you to return to visit the USA. But your legal resident status is long gone as you abandoned it.

 

You can do a freedom of information request with USCIS to pull your immgration records to see how your case ended, also you can check with the immgration courts near where you lived to see if you ended up with a removal case against you at any point in time.

Thanks for the information. I have submitted a FOIA with the USCIS, and just waiting for that to come through. If I did have a removal against me would it be on that FOIA or is that separate with the courts?

[mindthegap 2,599]

6 minutes ago, UKguy2021 said:

 I have submitted a FOIA with the USCIS, and just waiting for that to come through. If I did have a removal against me would it be on that FOIA or is that separate with the courts?

At the very least, the FOIA will show your I-751 form, and whether it is stamped with approved or denied. If it was denied, it would have then (eventually) been sent to court, NTAs issued, and eventually a final order of removal made by an IJ, at which point you were no longer a LPR.

How much of this would be in your FOIA response I'm not sure, but the I-751 form status definitely should be. 

 

It takes around three months for a FOIA to come back with your A# file even in non-covid times, so don't be holding your breath for it quickly.

 

 

 

Edited July 5, 2021 by mindthegap

[mc962 55]

Did you mean 10 years or 1 year?

Regarding GC affecting tourist visa status, I think that would be the benefit of the I-407. If you officially say that you abandon your GC status, then they wouldn't feel like you might try to stay as a Permanent Resident on the old card. instead of a tourist.

[UKguy2021 10]

44 minutes ago, mindthegap said:

What does it say when you put your A# in here?

https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

It said, No case found for this alien number.

[mindthegap 2,599]

2 minutes ago, UKguy2021 said:

It said, No case found for this alien number.

Interesting. Very interesting. You definitely put your A# number in and not the receipt number?

 

 

So, tomorrow (it is a federal holiday here today) call USCIS and ask the status of the last receipt number you have. 1-800-375-5283. They may be able to tell you something. Anything.

 

 

 

Edited July 5, 2021 by mindthegap

[UKguy2021 10]

36 minutes ago, mindthegap said:

 

It isn't as simple as that and completely misses the point. 

 

If your I-751 was denied, and you have had a final order of removal against you in abstentia- which is likely given the length of time elapsed and the lack of status updates for your case online - you are no longer a LPR, ie, there is nothing to sort out - you have ceased to be a permanent resident. 

 

Even if that isn't the case, your extension has long expired, and with an expired 2 yr card you cannot board to the US to present at a POE as a LPR for a hearing with an immigration judge, which would likely lead to a termination of status anyway due to the length of time out of the US with no clear ties or intent to return.  If you are no longer a LPR, you cannot obtain a boarding foil.

 

 

 

If you have had a final order of removal, an ESTA would likely be denied. You could apply for a B2 visa, but you need to establish your current status first before anything else. 

 

 

 

It won't update when denied - only when approved (I have two denials and they still say transferred to local office ). 

 

 

As above, put your A# into the immigration court site and see if there was a hearing in your absence: https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

Also, do a FOIA request.

 

Have you actually phoned USCIS and asked them your current status of your receipt number? 1 (800) 375-5283

 

 

 

To find out about the Final order removal, I need to contact the local immigration court to where I was living in the US.
Thanks once I know my status I will see about B2.

ESTA is the holiday visa that would be denied?

I put my A number in on that link and it says No case found for this alien number.

 

[UKguy2021 10]

13 minutes ago, mindthegap said:

Interesting. Very interesting. You definitely put your A# number in and not the receipt number?

 

 

So, tomorrow (it is a federal holiday here today) call USCIS and ask the status of the last receipt number you have. 1-800-375-5283. They may be able to tell you something. Anything.

 

 

 

Yes definitely A number and not receipt number in. If I call USCIS tomorrow, they will just give me the same information as the case tracker does on their website right?

[SalishSea 18,072]

4 hours ago, UKguy2021 said:

I have my paperwork, but I have lost my green card. So how do I get a replacement? Been outside the US now for around 10 years.

Uh, why leave out those crucial parts of the story!?!    Wow.

 

that GC is long gone.

Edited July 5, 2021 by Jorgedig

[Crazy Cat 42,033]

5 hours ago, UKguy2021 said:

I cant return now because of the pandemic and travel restrictions.

10 years?  You will, likely, be placed in front of an immigration judge as it appears you have abandoned your status willingly....if you can miraculously get to the US border. 

Edited July 5, 2021 by Lucky Cat