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

[Mike E 11,739]

On 7/11/2021 at 6:47 PM, Savva said:

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

Terminated by whom?

[Savva 222]

Just now, Mike E said:

Terminated by whom?

By USCIS, they are well aware of the person leaving the country for more than 1 year

[Mike E 11,739]

2 minutes ago, Savva said:

By USCIS, they are well aware of the person leaving the country for more than 1 year

Who specifically at USCIS has authority to terminate LPR status?

Edited July 13, 2021 by Mike E

[Savva 222]

Just now, Mike E said:

Who specifically at USCIS?

Basically USCIS can not terminate your green card, but what they do is sending termination of status and notice to appear considerations

[Savva 222]

11 minutes ago, Mike E said:

Who specifically at USCIS has authority to terminate LPR status?

From what I've been reading on here and many other sources, people that get back to the US after a longer than 1 year trip were stopped by the officers at the airports and then their GCs were taken away, and then they were getting a court date to appear in front of the judge, a few people came back after a year of a trip were entering the country

[Boiler 45,527]

14 minutes ago, Savva said:

From what I've been reading on here and many other sources, people that get back to the US after a longer than 1 year trip were stopped by the officers at the airports and then their GCs were taken away, and then they were getting a court date to appear in front of the judge, a few people came back after a year of a trip were entering the country

From what I have seen that is not the norm, maybe they get a warning but the number who end up in front of an IJ seems very small.

 

[Savva 222]

2 minutes ago, Boiler said:

From what I have seen that is not the norm, maybe they get a warning but the number who end up in front of an IJ seems very small.

 

You're maybe right, but what I mean it's very risky to stay abroad for over a year if you're not a US citizen, and just so you know CBP officers have a right to deny entery at anytime

[mindthegap 2,590]

On 7/11/2021 at 6:47 PM, Savva said:

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

It doesn't work that way.

 

51 minutes ago, Savva said:

people that get back to the US after a longer than 1 year trip were stopped by the officers at the airports and then their GCs were taken away, and then they were getting a court date to appear in front of the judge

During which, at all times you remain a lawful permanent resident....

Taking away someones card does nothing - card is a physical proof of status, not the status itself. ONLY an immigration judge can terminate someones PR status. USCIS cannot (as much as they would like to), and if a CBP has suspicion of presumed abandonment, they cannot personally do anything about it.

That is why you have the absolute right as a PR (or someone presenting as one at a POE) to go to court to have them try to prove it.

 

 

 

 

[Bob in Boston 716]

38 minutes ago, mindthegap said:

During which, at all times you remain a lawful permanent resident....

Do you think he would be allowed to board the plane with his expired paperwork and no green card?

[Boiler 45,527]

Unlikely

[Dashinka 24,513]

42 minutes ago, mindthegap said:

It doesn't work that way.

 

During which, at all times you remain a lawful permanent resident....

Taking away someones card does nothing - card is a physical proof of status, not the status itself. ONLY an immigration judge can terminate someones PR status. USCIS cannot (as much as they would like to), and if a CBP has suspicion of presumed abandonment, they cannot personally do anything about it.

That is why you have the absolute right as a PR (or someone presenting as one at a POE) to go to court to have them try to prove it.

 

 

 

 

You are right of course, but in this case, the OP only had a CGC and did not fulfill the requirements to remove conditions.  I am not sure how that is treated when the I751 is abandoned and the case turned over for removal with the person no longer present in the US.  Would an IJ cancel the LPR status in absentsia? 

[mindthegap 2,590]

28 minutes ago, Bob in Boston said:

Do you think he would be allowed to board the plane with his expired paperwork and no green card?

No, as I posted previously.

You can board with an expired ten year card, but not with an expired 2 year card (without a valid extension letter anyway).

 

 

[mindthegap 2,590]

26 minutes ago, Dashinka said:

You are right of course, but in this case, the OP only had a CGC and did not fulfill the requirements to remove conditions.  I am not sure how that is treated when the I751 is abandoned and the case turned over for removal with the person no longer present in the US.  Would an IJ cancel the LPR status in absentsia? 

Still don’t know what happened with the I-751.
It could have been approved and they just don’t know about it.
But, as it was a divorce filing then likely an interview was missed, therefore it is highly likely that at some point in the last ten years an nta was issued, a hearing held and a final order of removal made in abstentia, meaning they are no longer a PR.
Legal process still has to be followed (thankfully).

Edited July 13, 2021 by mindthegap

[Crazy Cat 41,888]

3 hours ago, Savva said:

By USCIS, they are well aware of the person leaving the country for more than 1 year

 People leaving the US do not process through immigration> 

[Crazy Cat 41,888]

2 hours ago, Savva said:

and just so you know CBP officers have a right to deny entery at anytime

Can you find an example of when CBP denied entry to a Green Card holder?  I can't.