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

[Crazy Cat 41,888]

8 hours ago, UKguy2021 said:

I then went back to the UK to see family, and whilst I was there ended up getting a job.

That is an action indicative of living outside the US.  Have you consistently filed US taxes over the last 10 years?  Have you maintained any property or accounts in the US for the last 10 years?

Edited July 5, 2021 by Lucky Cat

[UKguy2021 10]

3 hours ago, mindthegap said:

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.

 

 

 

Thanks for all you information, very much appreciated. I’m thinking I will have a removal order against me, so this will even effect me having a tourist visa for holiday and applying for B2?

[SalishSea 17,837]

55 minutes ago, UKguy2021 said:

Thanks for all you information, very much appreciated. I’m thinking I will have a removal order against me, so this will even effect me having a tourist visa for holiday and applying for B2?

Well, of course it will.   You’ve had immigrant intent in the past,  so naturally your intent will be scrutinized.

[da95826 387]

3 hours ago, UKguy2021 said:

I will have a removal order against me, so this will even effect me having a tourist visa for holiday and applying for B2?

Maybe, if you did have a removal order; but since you did not remain in the USA and never overstayed out of status I don't  think you will have any bars to re-enter the USA. 

Since you left the USA before your i751 was adjudicated and abandoned your permanent residency you can make the argument with the state department that you had the opportunity to live in the USA but chose to go home after your devorce so you have demonstrated no intent to live in the USA permanently. As long as you have ties to return to the UK, a job, a place to live, family... I think you have a good chance to get a tourist visa.

 

So… You were not deported, I expect you have no issues with misrepresentation, and I suspect you were never out of status so I don’t think you will need a waiver. The only thing that may be an issue is if you were ordered deported even though you were outside of the USA, you may need a waiver for that if that happened. I think along with the FOI request to USCIS you need to see if your case ever made it to a immgration court.

 

If somehow your case is still with USCIS I would withdraw your i751 so it does not go to immgration court, which seems unlikely now but that may clear your case and keep you out of immagration court.

[Mike E 11,739]

10 hours ago, UKguy2021 said:

No thats how long in total I have been outside the US.

I've read this entire thread with a great deal of consternation, and I am thinking (or hoping) there might be a communication gap.

 

It would help if you could complete your timeline: https://www.visajourney.com/timeline/profile.php?id=395377 

 

But lacking that:

 

* what was the expiration date of your green card?

 

* when was the date you were physically present in the USA?

 

 

[SalishSea 17,837]

4 hours ago, Mike E said:

I've read this entire thread with a great deal of consternation, and I am thinking (or hoping) there might be a communication gap.

 

It would help if you could complete your timeline: https://www.visajourney.com/timeline/profile.php?id=395377 

 

But lacking that:

 

* what was the expiration date of your green card?

 

* when was the date you were physically present in the USA?

 

 

OP states he's been out for ten years.  What is confusing about that?

[Scandi 4,166]

36 minutes ago, Jorgedig said:

OP states he's been out for ten years.  What is confusing about that?

Sometimes people misspell, that's kind of what some of us were suspecting as it sounds more than a little odd for someone to come here and ask if he can keep his LPR status after 10 YEARS outside the country and on top of that blaming the pandemic for not being able to come back. But obviously if that really is the case, then that's still not the oddest thing we've seen on here. 😄

[SalishSea 17,837]

1 minute ago, Scandi said:

Sometimes people misspell, that's kind of what some of us were suspecting as it sounds more than a little odd for someone to come here and ask if he can keep his LPR status after 10 YEARS outside the country and on top of that blaming the pandemic for not being able to come back. But obviously if that really is the case, then that's still not the oddest thing we've seen on here. 😄

Right, it's pretty mind-boggling.

[Rocio0010 5,579]

…So you’ve been out of the States for 10 years, do not know exactly what happened with your ROC (though of course it’s denied by now), blame the pandemic (which started around December 2020, so You had about 9 years prior to that), and now pretend to come back and reinstate your LPR Status out of the blue? Yeah, no, that’s not how the system works.

Either you’re gullible, entitled, or both.

[Ankur Shah 0]

20 hours ago, UKguy2021 said:

I am seeking some advise regarding my green card situation. Please can you read below, and any input/advice would be gratefully received. 

 

I obtained my green card through marriage to a US citizen, to which we are now divorced. I had a 2 year conditional green card which before it expired submitted the I-1751.  Then I received an I-1797C notice to action receipt from the USCIS. After receiving that receipt I never received anything else from them. On the top of the receipt it advised me that my status had been extended. 

 

I then went back to the UK to see family, and whilst I was there ended up getting a job. I have since tried to contact the USCIS without any joy. I have also contacted the US embassy in London again without any joy.

 

The only information it has on my USCIS account when I use the case tracker, is that my case was transferred to a new office who has jurisdiction now. But it doesn't give me any information on which office to contact.

 

So I am stuck with the above situation, and don't know who to contact and what my next steps forward are?

I was going through USCIS website for green card related information over their i have seen you must fill form I-751 if you are a green card holder and you are outside united states. Once go through their website and read about this form it will be helpful to you.

[Dashinka 24,512]

3 hours ago, Scandi said:

Sometimes people misspell, that's kind of what some of us were suspecting as it sounds more than a little odd for someone to come here and ask if he can keep his LPR status after 10 YEARS outside the country and on top of that blaming the pandemic for not being able to come back. But obviously if that really is the case, then that's still not the oddest thing we've seen on here. 😄

When asked, the OP confirmed the 10 year number was correct.  It appears that a divorce happened just before the ROC was completed, they went back to the UK and decided to stay.  I agree, there is most likely more to the story,  it in the end, the OP never completed the ROC proving the GC was received honestly (I am not suggesting it was any type of fraud, the ROC process was simply abandoned), and this automatically canceled their LPR status.  Given the time gap now, it would be really impossible for the OP to go back and restart the ROC process which is one of the things they would have to satisfy since they only had a 2 yr GC.

[arken 4,197]

5 hours ago, Ankur Shah said:

I was going through USCIS website for green card related information over their i have seen you must fill form I-751 if you are a green card holder and you are outside united states.

Not true.

[Savva 222]

On 7/5/2021 at 7:04 AM, UKguy2021 said:

I am seeking some advise regarding my green card situation. Please can you read below, and any input/advice would be gratefully received. 

 

I obtained my green card through marriage to a US citizen, to which we are now divorced. I had a 2 year conditional green card which before it expired submitted the I-1751.  Then I received an I-1797C notice to action receipt from the USCIS. After receiving that receipt I never received anything else from them. On the top of the receipt it advised me that my status had been extended. 

 

I then went back to the UK to see family, and whilst I was there ended up getting a job. I have since tried to contact the USCIS without any joy. I have also contacted the US embassy in London again without any joy.

 

The only information it has on my USCIS account when I use the case tracker, is that my case was transferred to a new office who has jurisdiction now. But it doesn't give me any information on which office to contact.

 

So I am stuck with the above situation, and don't know who to contact and what my next steps forward are?

How long you've been to the UK since you left the US? Because if it was over a year then your status would be terminated

[ET9709 43]

Different situation but same principle. My daughter-in-law is a Canadian citizen, US permanent resident. My son is a US Citizen. They went to Canada before COVID, ended up getting jobs there and stayed for a little over a year due to pandemic related issues. When she tried to re-enter the US the system flagged that she had been out of the US for a long time and she was detained by a CBP Official who asked her a lot of questions. She told him her intent was to come back and live in the US but that she did not have a specific time worked out yet. He let her in (she was lucky) but warned her she that she would not be allowed in again with her green card without having filed for Returning Resident Status at a US Consulate. She ended up doing what others in this forum suggested, voluntarily abandoning residence. That way she can enter the US as a visitor. When they decide to return they will start over with the green card process. 

[Patrick Lee 8]

Your story here fully did not add up well. Where is the issue of staying outside US for 10 years align?  Meanwhile, you should not have traveled out of US beyond 6 months as a perm resident. Read it up the USCIS website. You knew you have expired 2 years and an extension which am sure is one years, you should not have travelled to UK to stay beyond 6 months. It will be taken that you abandoned your status. They have the record of when you left US on their system. You hurt yourself by going to the UK to seek a job. US will see it that you prefer staying there than US. If u have ur extended papers, use it and come in but be prepared to face thorough fire from the CBP who I know turns people back to their countries if proven well beyond reasonable doubt. U should not have travelled to stay that long man. Good luck.