Returning US after 7 years with GC

[iwannaplay54 985]

8 minutes ago, Mike E said:

They returned once a year and she was threatened with detention? I suspect there was more going on then just abandonment.  
 

They are going to let her keep her green card while in detention? What else does she get to keep in detention?

LOL You Suspect What?  Nothing more was going on them than was going on with us.  He was working expat over there on family status, same as I was.  
You’re not giving good advice in these cases.  One of these OP families is going to get burned.  
In the case of the above she was in and out on her brit passport for a couple years and then they ran another I130 through.

Edited January 11, 2022 by iwannaplay54

[Boiler 45,486]

They can threaten anything, and seems do. 

[Mike E 11,739]

5 minutes ago, iwannaplay54 said:

LOL You Suspect What?

I’ve no idea.  I’m going by published words of actual attorneys and not hearsay.  
 

5 minutes ago, iwannaplay54 said:

 

 Nothing more was going on them than was going on with us.  He was working expat over there on family status, same as I was.  
You’re not giving good advice in these cases.

I’m quoting actual written words of actual licensed lawyers. 
 

5 minutes ago, iwannaplay54 said:

 

One of these OP families is going to get burned.

https://www.aila.org/infonet/practice-alert-signing-i-407
 

Upon returning to the U.S., Legal Permanent Residents (LPR) should not automatically surrender their green cards if asked to do so. An individual does not lose LPR status as a result of time abroad. They remain an LPR until a final order of removal is issued and the government must prove abandonment by clear, unequivocal, and convincing evidence which a higher evidentiary standard than clear and convincing. See Matter of Huang, 19 I&N Dec. 749 (BIA 1988). Form I-407 must be signed voluntarily and there are no potential negative ramifications for refusing to sign. 

5 minutes ago, iwannaplay54 said:

In the case of the above she was in and out on her brit passport for a couple years and then they ran another I130 through.

She did not sign voluntarily (“sign it or go to jail”). She should have fought it after signing but it doesn’t seem she was ready to live in the USA. 
 

Perhaps OP’s wife is ready to live in the USA.  
 

Thus based on the licensed, practicing immigration attorneys I’ve quoted, coming home is the way to go, do what is needed to get through CBP, and if coerced to file I-407, hire an attorney to over then the I-407. 

 

https://www.aila.org/File/DownloadEmbeddedFile/81298
 

CBP officers should not coerce LPRs to surrender their PRC, Form I-551, since this frequently leads to the alien seeking reinstatement of LPR status at a later date. In determining whether an LPR has abandoned his status, CBP officers should refer to Chapter 13.1 of the Inspector’s Field Manual (IFM). 
 

I stand by my advice. Personally if I found myself in that situation I’d say no to I-407

[iwannaplay54 985]

9 minutes ago, Mike E said:

I’ve no idea.  I’m going by published words of actual attorneys and not hearsay.  
 

I’m quoting actual written words of actual licensed lawyers. 
 

https://www.aila.org/infonet/practice-alert-signing-i-407
 

Upon returning to the U.S., Legal Permanent Residents (LPR) should not automatically surrender their green cards if asked to do so. An individual does not lose LPR status as a result of time abroad. They remain an LPR until a final order of removal is issued and the government must prove abandonment by clear, unequivocal, and convincing evidence which a higher evidentiary standard than clear and convincing. See Matter of Huang, 19 I&N Dec. 749 (BIA 1988). Form I-407 must be signed voluntarily and there are no potential negative ramifications for refusing to sign. 

She did not sign voluntarily (“sign it or go to jail”). She should have fought it after signing but it doesn’t seem she was ready to live in the USA. 
 

Perhaps OP’s wife is ready to live in the USA.  
 

Thus based on the licensed, practicing immigration attorneys I’ve quoted, coming home is the way to go, do what is needed to get through CBP, and if coerced to file I-407, hire an attorney to over then the I-407. 

 

https://www.aila.org/File/DownloadEmbeddedFile/81298
 

CBP officers should not coerce LPRs to surrender their PRC, Form I-551, since this frequently leads to the alien seeking reinstatement of LPR status at a later date. In determining whether an LPR has abandoned his status, CBP officers should refer to Chapter 13.1 of the Inspector’s Field Manual (IFM). 
 

I stand by my advice. Personally if I found myself in that situation I’d say no to I-407

Nobody said you are wrong and every immigration attorney will tell you it is up to the officer to either issue you a notice to appear or detain you until you get your hearing.  At 8 years?  My bet’s on detention as soon as they check her history.  Followed by an expensive court battle.

They cannot take your card, but they can hold you.  That card’s not legally an entry document after a 1-year absence no matter when it expires.
I never used an attorney but we sure dodged in and out for 8 years ourselves.  Going by real experience at real counters.  
“Ready to live in the US” starts when you enter as a PR, not almost a decade later.  We’ve seen this play out LOL

 

Edited January 11, 2022 by iwannaplay54

[iwannaplay54 985]

13 minutes ago, Mike E said:

I stand by my advice. Personally if I found myself in that situation I’d say no to I-407

We have submitted an I-407 and got a new IR1 a couple years later.  I talked like you before we did it too 😂
 

Right here on these threads 😂

Edited January 11, 2022 by iwannaplay54

[Boiler 45,486]

I am not sure if in this sort of case the worst case scenario would be filing a I 485 or if a I 130 would be needed as well.

[iwannaplay54 985]

1 minute ago, Boiler said:

I am not sure if in this sort of case the worst case scenario would be filing a I 485 or if a I 130 would be needed as well.

Worst case - new I130

At least thats what we did, it was painless.  I’d file one now, not after a CBP officer locked my wife up for clearly  disregarding the rules. 

Edited January 11, 2022 by iwannaplay54

[Boiler 45,486]

In the situation we are discussing would need the I 485 to adjust.

[Mike E 11,739]

2 minutes ago, iwannaplay54 said:

Nobody said you are wrong

really? I am confused.  
 

2 minutes ago, iwannaplay54 said:

 

and every immigration attorney will tell you it is up to the officer to either issue you a notice to appear or detain you until you get your hearing.

Everyone except the lawyers Ive quoted.  

.
Then these attorneys you claim say that  officers will detain are at odds with their own legal association, AILA

 

2 minutes ago, iwannaplay54 said:

 

At 8 years?  My bet’s on detention as soon as they check her history.  Followed by an expensive court battle.

They cannot take your card, but they can hold you.  
I never used an attorney but we sure dodged in and out for 8 years ourselves.  Going by real experience at real counters.  

 

So I am giving bad advice while you in the past were  doing what I am advising.  Ok.  
 

44 minutes ago, iwannaplay54 said:

.  
You’re not giving good advice in these cases.  One of these OP families is going to get burned.  

A reasonable person could  interpret the above as saying “I am wrong”

 

This discussion is not longer fruitful for me, unfollowing.  
 

OP’s wife can decide how she wishes. 

[iwannaplay54 985]

14 minutes ago, Mike E said:

really? I am confused.  
 

Everyone except the lawyers Ive quoted.  

.
Then these attorneys you claim say that  officers will detain are at odds with their own legal association, AILA

 

So I am giving bad advice while you in the past were  doing what I am advising.  Ok.  
 

A reasonable person could  interpret the above as saying “I am wrong”

 

This discussion is not longer fruitful for me, unfollowing.  
 

OP’s wife can decide how she wishes. 

We did nothing like you advised and never once entered or attempted to enter the US on a green card after an absence exceeding one year.
 

https://pennstatelaw.psu.edu/sites/default/files/documents/pdfs/Immigrants/AILA Travel Flyer.pdf
 

AILA sez:  Obtain a Returning Resident Visa if you have been out for longer than one year and are not holding a travel document.  AILA doubles down with “absences of >1 year = AUTOMATIC loss of LPR status”

 

Which is aligned with the law, exactly what we did in 2018, and is not aligned with your advice

Unfortunately - OP’s wife doesnt have a prayer of getting an SB1.  So yeah, she’s hosed in my opinion unless OP files a new I130 for her and they go through the process again.

Edited January 11, 2022 by iwannaplay54

[SalishSea 17,828]

8 hours ago, iwannaplay54 said:

That card’s not legally an entry document after a 1-year absence no matter when it expires.

Is this true?

[iwannaplay54 985]

40 minutes ago, Jorgedig said:

Is this true?

http://myattorneyusa.com/case-law-on-the-abandonment-of-permanent-resident-status  Is a good summary of abandonment and references the section of law where LPR’s are specifically treated as “applicants for admission” after absences exceeding 6 months and presumed to have abandoned residence after absences of >1 year.

At one time we posted the applicable / referenced law in a thread like this, when I get time I’ll find it again and post it here.  As you know we were very, very aware of all aspects of this law but know of couples who were maintaining a home in the US, working overseas as a family, balancing both, but got caught up anyway and those were for absences less than a year while maintaining a home here.

Our approach, which worked, was bank >5x the support affidavit requirement and let the chips fall.  This couple needs to be ready to dig in for a long expensive fight and the burden of proof after so many years is not on the government LOL.

Edited January 11, 2022 by iwannaplay54