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

[Savva 222]

3 minutes ago, Lucky Cat said:

 People leaving the US do not process through immigration> 

We're talking about people coming in, not going out

[Crazy Cat 41,857]

4 minutes ago, Savva said:

We're talking about people coming in, not going out

No, I was talking about your statement of "By USCIS, they are well aware of the person leaving the country for more than 1 year" .  How would USCIS know how long the OP was outside the US?  As I said, people leaving the US do not process through immigration.

Edited July 13, 2021 by Lucky Cat

[Crazy Cat 41,857]

To my knowledge, CBP could, at their discretion, send a Green Card holder to an immigration judge......

[Savva 222]

Are you serious?! It doesn't matter if you don't have immigration on your way out, every single aircompany or border patrol report of every person who leaves the country, this 7s way you can go on 

https://i94.cbp.dhs.gov/I94/#/home and to find a history of your trips outside of the US

[Savva 222]

10 minutes ago, Lucky Cat said:

No, I was talking about your statement of "By USCIS, they are well aware of the person leaving the country for more than 1 year" .  How would USCIS know how long the OP was outside the US?  As I said, people leaving the US do not process through immigration.

 

3 minutes ago, Lucky Cat said:

To my knowledge, CBP could, at their discretion, send a Green Card holder to an immigration judge......

CBP officers definitely can send you to an immigration court, but before they let you in they take your GC away from you, and if judge decides otherwise then you get your GC back

[Dashinka 24,499]

4 minutes ago, Savva said:

 

CBP officers definitely can send you to an immigration court, but before they let you in they take your GC away from you, and if judge decides otherwise then you get your GC back

Actually, I don't think CBP can take anyone's GC from them.  They can ask one to surrender it, they can potentially detain someone until a date opens for an IJ hearing, but I don't think they can take someone's GC by force.

[mindthegap 2,590]

27 minutes ago, Savva said:

 

CBP officers definitely can send you to an immigration court, but before they let you in they take your GC away from you, and if judge decides otherwise then you get your GC back

THAT IS NOT HOW IT WORKS.

 

30 minutes ago, Savva said:

Are you serious?! It doesn't matter if you don't have immigration on your way out, every single aircompany or border patrol report of every person who leaves the country, this 7s way you can go on 

https://i94.cbp.dhs.gov/I94/#/home and to find a history of your trips outside of the US

Yes, you have APIS (advance passenger info), this is not new, but thisbis not the same as exit immigration.
People have multiple passports (and the US does not routinely have access to foreign passport data), use abbreviated names on bookings, or of course simply walk or drive out of the county,  for which there is no APIS.
There are no exit checks. 

If they don’t know when you left the country, then they don’t know how long you have been gone - and is precisely why they ask how long you have been out of the country, because usually they don’t know.

 

Playing devils advocate….even being out of the country for an extended period is not an absolute presumption of abandonment of status. They key phrase is ‘significant ties’ with an understanding that the US is home and with a clear intent to return. 

 

37 minutes ago, Lucky Cat said:

To my knowledge, CBP could, at their discretion, send a Green Card holder to an immigration judge......

They could. By law, a green card holder has rights, and one of those absolute rights is a hearing with an immigration judge, if they suspect someone is presumed to have abandoned their status, if USCIS wants to terminate their status,  or for other reasons.
If courts weren’t so backlogged, I’m sure they would arrange a hearing the same day in such cases, but they are….so they admit you as normal as a LPR (or ARC - both mean the same: permanent resident) and then an nta may arrive at a later date. 

The only way someone’s permanent residence can be terminated at a POE is the alien voluntarily signing an i-407 to relinquish their status.

 

I’m not entirely sure confiscation of a valid card is legal either (expired is fair game)…. 

 

[Crazy Cat 41,857]

56 minutes ago, mindthegap said:

THAT IS NOT HOW IT WORKS.

 

Yes, you have APIS (advance passenger info), this is not new, but thisbis not the same as exit immigration.
People have multiple passports (and the US does not routinely have access to foreign passport data), use abbreviated names on bookings, or of course simply walk or drive out of the county,  for which there is no APIS.
There are no exit checks. 

If they don’t know when you left the country, then they don’t know how long you have been gone - and is precisely why they ask how long you have been out of the country, because usually they don’t know.

 

Playing devils advocate….even being out of the country for an extended period is not an absolute presumption of abandonment of status. They key phrase is ‘significant ties’ with an understanding that the US is home and with a clear intent to return. 

 

They could. By law, a green card holder has rights, and one of those absolute rights is a hearing with an immigration judge, if they suspect someone is presumed to have abandoned their status, if USCIS wants to terminate their status,  or for other reasons.
If courts weren’t so backlogged, I’m sure they would arrange a hearing the same day in such cases, but they are….so they admit you as normal as a LPR (or ARC - both mean the same: permanent resident) and then an nta may arrive at a later date. 

The only way someone’s permanent residence can be terminated at a POE is the alien voluntarily signing an i-407 to relinquish their status.

 

I’m not entirely sure confiscation of a valid card is legal either (expired is fair game)…. 

 

That is my understanding.  Thanks.

[Mike E 11,739]

11 hours ago, Savva said:

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

Precisely.  

[Savva 222]

19 hours ago, Savva said:

Are you serious?! It doesn't matter if you don't have immigration on your way out, every single aircompany or border patrol report of every person who leaves the country, this 7s way you can go on 

https://i94.cbp.dhs.gov/I94/#/home and to find a history of your trips outside of the US

What are your guys faces for?

[kittykat88 8]

hello there,

 

I am really confused by your post tbh but hopefully i can give you some insight. To remove the conditions of the green card you need to still be with your partner. Very very exceptional circumstances are granted if you are not together. If you are with your partner but the conditional green card expired then IT ISN'T POSSIBLE TO EXTEND unless you were incapacited. Given you have a conditional greencard and if its expired you will still have an A number. Because of this to gain entry into the USA at a future date you will need an embassy visa (they are closed in london atm for processing)

 

the above is my personal experience.

[Rocio0010 5,579]

19 minutes ago, kittykat88 said:

To remove the conditions of the green card you need to still be with your partner. Very very exceptional circumstances are granted if you are not together.

Not true. You can divorce before ROC- under a divorce waiver. You still have to present evidence that you entered the relationship in good faith, but you don’t have to be together for ROC whatsoever. Plenty of examples in VJ of divorcees that filed for ROC successfully.

[UKguy2021 10]

Hi,

 

My status on my Greencard is abandonment. Apparently this then goes to a Immigration judge for a hearing.

 

I have not heard from USCIS about this hearing. Would the hearing be at a court local to where I lived in the US, or could it be in any city or state in the country.

 

how can I find this information out?

 

Thanks 

[JeanneAdil 6,505]

you have been gone 10 years

clearly u abandoned the 2 year green card (even lost it)

and you are divorced from USC 

 

the hearing is for those who came back after extended stay,, u didn't (and would probably be denied entry at POE)

 

at this time without marriage to USC and abandonment of green card,,   how do u intend to come back????

u should have applied form I 327 before u left

 

When an LPR has been abroad continuously for more than one year, the presumption is that abandonment has occurred. 8 CFR § 211.1(a)(2). But this can be overcome by the LPR’s evidencing that he or she has maintained sufficient ties to the United States and never intended to abandon residency. For example, the LPR may have intended to leave for a short period of time to care for a sick family member, but was required to stay longer than expected. A natural disaster, civil strife, or foreign government action could prevent the LPR from returning within the one-year period. Practitioners should advise LPRs who may be outside the United States for more than one year to obtain a reentry permit, Form I-327. Possessing this form removes the length of the absence as a factor as to whether residency was abandoned, assuming the LPR returns within the allowed period (a maximum of two years). This reentry permit may be obtained by filing Form I-131 with the USCIS before leaving, along with a filing fee of $360 and $85 biometrics fee.

Permanent resident aliens are entitled to a hearing as to whether they have abandoned their LPR status when returning from a lengthy absence. If it is requested, they will be paroled into the country for that purpose. The government has the burden of proving by clear, unequivocal, and convincing evidence that the LPR’s status has changed. In those cases, an immigration judge will hear testimony and weigh the evidence as to whether abandonment has occurred. An LPR retains that status until a formal determination has been made.

Edited August 14, 2021 by JeanneAdil

[mindthegap 2,590]

How did you actually find out your present status? 

 

Why didn’t you just update your prior thread? 
 

 

The same prior advice given in that thread by myself and others applies.

 

You are legally entitled to a hearing, but you physically can’t get back to the US at this time because your 2yr card has expired, you have no i-751 currently, no 10 year card, and no stamp. You have no valid documentation for boating a carrier to the US. 
You would also presumably be denied a boarding file by the embassy. 
Land border via Mexico (or Canada when it opens up) would be one of your only possible options to present at a POE and be paroled in for a hearing. 

 

If you are out of the US for ten years continuously it’s kinda hard to argue against abandonment.
The hearing would normally be held at an immigration court in the locale near to your last known address on file with USCIS

 

Edited August 14, 2021 by mindthegap