Question re NTA and re-filling a i-130&i-485

[Family 4,094]

27 minutes ago, mindthegap said:

This answer is based purely on my own experience of traveling many times after multiple denials

@mindthegap I don’t think you were ever issued an NTA so you were never put in removal proceedings ? 
 

Of course OP, can choose to do as he wishes , travel during removal means CBP can /will allow him in as a “ arriving alien” instead of “ returning resident” ..
https://www.aila.org/File/Related/18110604a.pdf

 

OP CALL your attorney ..Good Luck 

[BeenSoLong 7]

42 minutes ago, mindthegap said:

If you have a current valid stamp, and you have not had a final order of removal by an immigration judge(at which point you would no longer be a LPR), then you are legally ok to travel.

Expect a short visit to secondary to verify your status on your return. 

 

Note: I am not a lawyer, and this, technically, does not constitute legal advice. This answer is based purely on my own experience of traveling many times after multiple denials. 

Yep, that’s my previous experiences too, when i had a pending I-751 and at the same time on removal proceeding, when I come back into the country ( airport ) the custom officer would send me to a verification room. Per my conversation with the officer, they do this to verify the stamp and my LPR status.

 

Hence the fact why they give me an entry stamp stating LPR on the passport.

 

there are a lot of lawyer out there that aren’t aware of this, and always advised me not even travel when I had a pending I-751 and on removal proceeding. 
 

During my pending 751 I had travel over 10 times, without any issues. 

[BeenSoLong 7]

10 minutes ago, Family said:

@mindthegap I don’t think you were ever issued an NTA so you were never put in removal proceedings ? 
 

Of course OP, can choose to do as he wishes , travel during removal means CBP can /will allow him in as a “ arriving alien” instead of “ returning resident” ..
https://www.aila.org/File/Related/18110604a.pdf

 

OP CALL your attorney ..Good Luck 

Thanks for your input, I will find out soon.

 

[mindthegap 2,592]

14 minutes ago, Family said:

@mindthegap I don’t think you were ever issued an NTA so you were never put in removal proceedings ? 
 

Of course OP, can choose to do as he wishes , travel during removal means CBP can /will allow him in as a “ arriving alien” instead of “ returning resident” ..
https://www.aila.org/File/Related/18110604a.pdf

 

OP CALL your attorney ..Good Luck 

Doesn't matter.

You may well have been issued an NTA and have a court hearing, or even be between hearings.

But, absent that final order of removal by an immigration judge, which is the point you cease to be a LPR, you remain a LPR, even during any removal proceedings, and will be stamped in as normal as ARC, or LPR. 

 

The law is very clear on this, and it was clarified in genco 96-12

"Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits."

Edited July 15, 2022 by mindthegap