green card almost expired

[Timona 4,207]

There was someone on Jim Hacking today with the same story..Hey @Disteny go on YouTube and look for his video done today. The guy was from Kurshish region of Iraq. He mentioned the area.. so it's easy to know whom I'm referring to 

 

[Disteny 39]

Yes 9 years. She and her husband when they first came here, they couldn't find a job, she found a part time job while her husband didn't and he was so upset that's why they decided to go back and keep working to make enough money. 

[Disteny 39]

3 minutes ago, Timona said:

There was someone on Jim Hacking today with the same story..Hey @Disteny go on YouTube and look for his video done today. The guy was from Kurshish region of Iraq. He mentioned the area.. so it's easy to know whom I'm referring to 

 

Ok I will check it

[Mike E 11,739]

Just now, Disteny said:

Yes 9 years. She and her husband when they first came here, they couldn't find a job, she found a part time job while her husband didn't and he was so upset that's why they decided to go back and keep working to make enough money. 

So why does she  want to keep her green card? Has something changed? Depending on the answer she has a good chance of overcoming an accusation of abandonment of LPR status.  

[Disteny 39]

2 hours ago, Mike E said:

So why does she  want to keep her green card? Has something changed? Depending on the answer she has a good chance of overcoming an accusation of abandonment of LPR status.  

ٍShe wants to come back and live here. 

[Mike E 11,739]

18 minutes ago, Disteny said:

ٍShe wants to come back and live here. 

That changes everything.  
 

https://www.lawfirmav.com/case-results/

 

The Clients, four Pakistani-citizen family members who were Green-Card holders since 1992, and three of their U.S.-citizen family members had left the U.S. for Pakistan in October 2005 only intending to remain there for a short period. However, due to multiple medical conditions and property-sale issues, their trip became extended involuntarily until June 2009 when they returned to the U.S. Upon the Clients' arrival in the U.S., their passports and Green Cards were confiscated and they were placed in removal (deportation) with the allegation that they abandoned their Green-Card status because they were outside of the U.S. for almost four years. The Clients sought the assistance of the Firm's attorneys thereafter. The Firm's attorneys sought to terminate the Clients' removal proceedings because they did not intend to remain outside of the U.S. for so long, but ICE initially opposed the motion, thereby requiring a hearing on the merits of the motion. At that merits hearing, testimony was taken and arguments were made. At the end of the merits hearing, the Immigration Judge found that the Clients had not abandoned their Green-Card status and, due in part to ICE's change in legal position, granted their motion to terminate their removal proceedings. ICE waived appeal, making the decision final, and the Clients were returned their Green Cards and passports that very same day.

 

 

[SteveInBostonI130 3,434]

In the above quoted case, the family had extenuating circumstances when they tried to finalize the family's relocation to the US (sale of property, farewells to family, etc).

 

The OP's case seems very weak due to the friend leaving the US for 9 years because "they couldn't adapt to a life in America"

 

13 hours ago, Disteny said:

I have a friend who has a green card , but left the country and has been away for 9 years due to family issues and they couldn't adapt to life in America, her green card will be expired in March. Can she come  back before the expiration day and renew it in order to live in America once again?

 

OP, please let your friend know that she will 99.999% be faced a situation of DHS pressuring her to relinquish her GC or have her case be sent to immigration court.  If she has the resources to stay in the US and hire a lawyer to fight for her status in court, she can try to return.

 

If she just wants to come to the US to renew her GC and then immediately return to her country, there is practically zero chance that will happen.

[iwannaplay54 985]

10 hours ago, Mike E said:

That changes everything.  
 

https://www.lawfirmav.com/case-results/

 

The Clients, four Pakistani-citizen family members who were Green-Card holders since 1992, and three of their U.S.-citizen family members had left the U.S. for Pakistan in October 2005 only intending to remain there for a short period. However, due to multiple medical conditions and property-sale issues, their trip became extended involuntarily until June 2009 when they returned to the U.S. Upon the Clients' arrival in the U.S., their passports and Green Cards were confiscated and they were placed in removal (deportation) with the allegation that they abandoned their Green-Card status because they were outside of the U.S. for almost four years. The Clients sought the assistance of the Firm's attorneys thereafter. The Firm's attorneys sought to terminate the Clients' removal proceedings because they did not intend to remain outside of the U.S. for so long, but ICE initially opposed the motion, thereby requiring a hearing on the merits of the motion. At that merits hearing, testimony was taken and arguments were made. At the end of the merits hearing, the Immigration Judge found that the Clients had not abandoned their Green-Card status and, due in part to ICE's change in legal position, granted their motion to terminate their removal proceedings. ICE waived appeal, making the decision final, and the Clients were returned their Green Cards and passports that very same day.

 

 

4 years - meh even we pulled that off

9?  LOL

Edited January 31, 2022 by iwannaplay54

[Dashinka 24,492]

4 hours ago, SteveInBostonI130 said:

In the above quoted case, the family had extenuating circumstances when they tried to finalize the family's relocation to the US (sale of property, farewells to family, etc).

 

The OP's case seems very weak due to the friend leaving the US for 9 years because "they couldn't adapt to a life in America"

 

 

OP, please let your friend know that she will 99.999% be faced a situation of DHS pressuring her to relinquish her GC or have her case be sent to immigration court.  If she has the resources to stay in the US and hire a lawyer to fight for her status in court, she can try to return.

 

If she just wants to come to the US to renew her GC and then immediately return to her country, there is practically zero chance that will happen.

 

1 hour ago, iwannaplay54 said:

4 years - meh even we pulled that off

9?  LOL

I agree, the OP's friend seems to have a very different situation, but who knows.

 

It is interesting, we have been seeing a few more stories like this lately.

[Boiler 45,482]

If they try it please let us know what happens.  

 

I would bring along evidence that they have been filing taxes at the very least.

[Mike E 11,739]

In OP’s case and the case I referenced there were economic reasons why the LPRs didn’t remain in the USA.  

 

Given ICE policy as of November 2021, is to not prioritize removals of people who aren’t threats to homeland security or public safety, my guess is if not ever does come up for trial, the LPR in OP’s case will have demonstrated good residency behaviors. 
 

Or maybe the LPR will relapse.  

[TBoneTX 45,273]

A noncontributory post has been removed.  Its author is welcome to repost with a more open question.

[Disteny 39]

22 hours ago, Mike E said:

That changes everything.  
 

https://www.lawfirmav.com/case-results/

 

The Clients, four Pakistani-citizen family members who were Green-Card holders since 1992, and three of their U.S.-citizen family members had left the U.S. for Pakistan in October 2005 only intending to remain there for a short period. However, due to multiple medical conditions and property-sale issues, their trip became extended involuntarily until June 2009 when they returned to the U.S. Upon the Clients' arrival in the U.S., their passports and Green Cards were confiscated and they were placed in removal (deportation) with the allegation that they abandoned their Green-Card status because they were outside of the U.S. for almost four years. The Clients sought the assistance of the Firm's attorneys thereafter. The Firm's attorneys sought to terminate the Clients' removal proceedings because they did not intend to remain outside of the U.S. for so long, but ICE initially opposed the motion, thereby requiring a hearing on the merits of the motion. At that merits hearing, testimony was taken and arguments were made. At the end of the merits hearing, the Immigration Judge found that the Clients had not abandoned their Green-Card status and, due in part to ICE's change in legal position, granted their motion to terminate their removal proceedings. ICE waived appeal, making the decision final, and the Clients were returned their Green Cards and passports that very same day.

 

 

wow, those people stayed outside of America for only 4 years, not 9 years

[Disteny 39]

9 hours ago, Boiler said:

If they try it please let us know what happens.  

 

I would bring along evidence that they have been filing taxes at the very least.

My friend and her husband will give it a try, some of their friends here in America adviced them to come through New York, believing that nobody will notice, as the airport always busy.

 

[Disteny 39]

10 hours ago, Dashinka said:

 

I agree, the OP's friend seems to have a very different situation, but who knows.

 

It is interesting, we have been seeing a few more stories like this lately.

Sometimes it is hard for immigrants to adapt to the way of life here. For me when I came, the first year was the toughest, and I was so much depressed.