Very messy situation, need immigration advice please!!

[Pinkclouds 3]

@Family

 

Thanks for letting me know. Thankfully my ex is encouraging me to come back as we have a child together. 

 

Originally I was going to apply for SB-1, does anyone recommend me doing this? Or do I just reenter the country on a flight as usual?

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

[Mike E 11,742]

27 minutes ago, Pinkclouds said:

@Mike E

 

Thank you so much for the links! I really appreciate your help. Would the CBP request I sign a I-407?

“request” is technically what they would do. However once an CBPO has decided you have abandoned your LPR status, coercion is a more apt term.  
 

You must summon all your will power and say no.   You might be yelled at, you might be sweet talked.  You might be bad copped / good copped. You might be threatened with things that CBP legally cannot do.  

 

This is another interesting link: 

 

 

I’ve see cases where the passion an LPR has expressed while detained in secondary inspection has caused a CBPO to relent (perhaps figuring that the LPR is going to inevitably win in court so why bother). 
 

Odds are, depending on what the unspecified reasons were for staying more than 180 days out were, CBP will just say “welcome home”. You might not even  get a secondary. You might luck out and get processed by a kiosk that just spits out an “ok” receipt and a bored CBPO collects it and tells you to move on.  

Quote

 

Is this why I would have to refuse it?

If you sign it, then unless you can prove you were coerced (it is likely you were coerced but proving it is hard) your immigration journey is over. You might be admitted as a visitor. The CBPO might even grant a one year stay (sweet talking to cajole you to sign I-407).  You might be sent back on the next available flight (and held in detention over night or longer if needed). 
 

Refuse to sign it and worse case you get a notice to appear (NTA) in immigration court and your actual green card replaced with a temporary I-551.  This preserves your options to continue your immigration journey. 
 

Flying home now is the high percentage play. 

Quote

 

 

Does anyone know how the experience will go after I land back into America? Will this all be done at the airport or somewhere else?

At the port of entry as indicated by the  links.  

Edited July 3, 2022 by Mike E

[Mike E 11,742]

18 minutes ago, Pinkclouds said:

@Family

 

Thanks for letting me know. Thankfully my ex is encouraging me to come back as we have a child together. 

 

Originally I was going to apply for SB-1, does anyone recommend me doing this? Or do I just reenter the country on a flight as usual?

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

SB-1 is likely a waste of time. And if denied, you’ve provided ammunition in a potential trial to remove your LPR status. 

[African Zealot 1,456]

Forget SB-1. Just come ASAP, today if possible 😁 and don’t sign anything. You probably won’t even be asked. 

[mushroomspore 3,044]

5 hours ago, Pinkclouds said:

@Family

 

Thanks for letting me know. Thankfully my ex is encouraging me to come back as we have a child together. 

 

Originally I was going to apply for SB-1, does anyone recommend me doing this? Or do I just reenter the country on a flight as usual?

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/returning-resident.html

SB-1 requires proof that circumstances outside of your control forced you to remain out of the US. According to your first post, it does not sound like there was anything outside of your control that forced you to stay and that it was purely due to personal reasons. 

[Pinkclouds 3]

Thanks for the replies everyone! I am trying to sort a plan to come back to America ASAP. 

 

In order to reenter the USA, will I need my permanent resident card with me upon arrival with my none American passport?

 

Thanks!

[Boiler 46,237]

Your card and your passport both will be checked before you leave.

[Pinkrlion 2,724]

21 hours ago, Pinkclouds said:

@Pinkrlion hi, thanks for the reply. If that's the case, how would I regain legal entry in America and apply for citizenship if I don't have a sponsor? I am technically still married.

You have an unexpired 10 year green card that you obtained from your mother.  Disregard anything about marriage green card requirements as that is unrelated to your green card status.  

 

You can just get on a plane with your current green card with no issues.  

[Pinkclouds 3]

@Pinkrlion hi, thanks for your reply. I did have a 10 year one with my mother. However jusr before I married my child's father, my mother "misplaced" it and I had to apply for a new one. I don't know for sure but I can check but I think I applied for it in 2013 and it expires in either 2026 or 2029. I honestly can't remember but right now my ex has it in his possession. I'll ask him to send it to me asap and send me a photo so I can see the expiration.

[iwannaplay54 985]

On 7/3/2022 at 6:28 AM, Pinkclouds said:

@Mike E

 

Thank you so much for the links! I really appreciate your help. Would the CBP request I sign a I-407? Is this why I would have to refuse it? 

 

 

Does anyone know how the experience will go after I land back into America? Will this all be done at the airport or somewhere else?

Occasionally they do.  If so, say no, explain your circumstances (COVID delay, child in the US, etc) and advise you are choosing not to surrender your green card.

 

After you re-enter unfortunately your 5-year clock restarts.  

[Pinkrlion 2,724]

On 7/3/2022 at 12:26 PM, Pinkclouds said:

@Pinkrlion hi, thanks for your reply. I did have a 10 year one with my mother. However jusr before I married my child's father, my mother "misplaced" it and I had to apply for a new one. I don't know for sure but I can check but I think I applied for it in 2013 and it expires in either 2026 or 2029. I honestly can't remember but right now my ex has it in his possession. I'll ask him to send it to me asap and send me a photo so I can see the expiration.

You only file a I-90 for a lost green card.  What do you mean by apply?

[Pinkclouds 3]

12 minutes ago, Pinkrlion said:

You only file a I-90 for a lost green card.  What do you mean by apply?

Oh yeah so I just got sent a picture of it and it expires in 2024. So I was really wrong with the date. But yeah she lost it and I applied for a replacement card.