Help with I130 .How to bring my family to US

[VSN 3]

Hi, everyone!  I am an American citizen. My husband went through immigration process in 2012. That's when he got his Permanent resident card. He lived and worked in the US. He bought a house in Michigan. Then we came back  to Bulgaria and because of medical reasons he stayed more than one year and lost his Permanent resident status. His green card is valid and up to date. It expires  in 2024. But he lost the resident status for staying more than a year outside the US. So we went to the US consulate here in Bulgaria. He went to an interview for Returning Resident Status but was denied because of lack of evidence. Then the consular officer said we have to file I-130 again and go through immigration process again. And now after 2 and a half years of waiting we are getting denial from USCIS because of duplicate of I -130. I don't know what to do anymore. USCIS denying, Consulate in Bulgaria denying to return status...I don't know where and who to turn to so I can bring my family to the US. We are now living in Bulgaria and don't have the chance to go back with my husband and daughter. Has someone been through this kind of problem?

Is there anything else I can do?

[Boiler 45,466]

Did you file a I 407?

[Chancy 6,241]

4 minutes ago, VSN said:

His green card is valid and up to date. It expires  in 2024.

 

Does he still have his plastic GC?  If so, he has 2 options --

1. Husband travels to the US using his valid GC and tries his luck with CBP.  Because his 10-year GC is still valid, he will be allowed to board the plane and enter the US, even if the consulate denied him an SB-1 visa.  Worst case scenario -- when he lands in the US, CBP can take his GC, issue him a temporary replacement I-551 document, and refer his case to an immigration judge.  If that happens, you and your husband can deal with it while staying in the US.
2. Husband files I-407 with USCIS.  After that, you file another I-130 for him, along with a letter stating that your husband already filed I-407 on <submission date>.  The problem with your previous I-130 filing is likely that there was no I-407 on file from your husband, so USCIS still considers him an LPR.

I recommend option 1.  If for some reason he is denied US entry, try option 2.

 

41 minutes ago, VSN said:

We are now living in Bulgaria and don't have the chance to go back with my husband and daughter.

 

Is your daughter a US citizen?

 

[JeanneAdil 6,491]

does he still own the house in US?

has he been filing his US tax returns?

[Chancy 6,241]

1 hour ago, VSN said:

he stayed more than one year and lost his Permanent resident status.

 

A key point that I forgot to mention is that LPRs do not automatically lose their LPR status when staying outside the US for more than 1 year.  Only an immigration judge (IJ) can revoke someone's LPR status.  Consulates can deny issuance of SB-1 visas, but they cannot revoke LPR status.  CBP also cannot revoke LPR status, although they may refer the LPR to an IJ.  Alternatively, a person may voluntarily relinquish their LPR status by filing form I-407.

 

If your husband decides to try option 1 like I suggested above, CBP may pressure him to sign I-407 when he lands in the US.  Do not sign I-407.  Respectfully but firmly request CBP for a hearing before an IJ.  More details on this process from the official CBP website -- https://help.cbp.gov/s/article/Article-3671?language=en_US

 

[Boiler 45,466]

Quote

And now after 2 and a half years of waiting we are getting denial from USCIS because of duplicate of I -130.

Sounds like they are close to an interview

[VSN 3]

14 hours ago, Boiler said:

Did you file a I 407?

No, I haven't. I filed only I-130...

[VSN 3]

14 hours ago, Chancy said:

 

Does he still have his plastic GC?  If so, he has 2 options --

1. Husband travels to the US using his valid GC and tries his luck with CBP.  Because his 10-year GC is still valid, he will be allowed to board the plane and enter the US, even if the consulate denied him an SB-1 visa.  Worst case scenario -- when he lands in the US, CBP can take his GC, issue him a temporary replacement I-551 document, and refer his case to an immigration judge.  If that happens, you and your husband can deal with it while staying in the US.
2. Husband files I-407 with USCIS.  After that, you file another I-130 for him, along with a letter stating that your husband already filed I-407 on <submission date>.  The problem with your previous I-130 filing is likely that there was no I-407 on file from your husband, so USCIS still considers him an LPR.

I recommend option 1.  If for some reason he is denied US entry, try option 2.

 

 

Is your daughter a US citizen?

 

Yes, he has the plastic green card. It expires in 2024...My daughter is born in BG and isn't a US citizen, but consular officer here told me that for her it will be easier.I thought about this option 1. The problem is that I'm afraid that for example we get on the plane for US and he isn't allowed to board...or can they deport him or something? 

[VSN 3]

13 hours ago, Boiler said:

Sounds like they are close to an interview

I haven't received an official denial from USCIS, but I contacted the congressman's office and their case worker spoke to USCIS and they said that it is probably going to be denied... Do you still have an interview when you get denied?

[nastra30 2,284]

9 minutes ago, VSN said:

Yes, he has the plastic green card. It expires in 2024...My daughter is born in BG and isn't a US citizen, but consular officer here told me that for her it will be easier.I thought about this option 1. The problem is that I'm afraid that for example we get on the plane for US and he isn't allowed to board...or can they deport him or something? 

With option 1, The airline will allow him to board because he still has a valid green card. This issue/hustle will be with CBP; but no matter what  do not sign I-407 at the arrival airport. 

Are you not able to transmit your US citizenship to your daughter?

[Boiler 45,466]

2 hours ago, VSN said:

I haven't received an official denial from USCIS, but I contacted the congressman's office and their case worker spoke to USCIS and they said that it is probably going to be denied... Do you still have an interview when you get denied?

OK sounds like there is a lot going on and best not to guess with very limited information

[VSN 3]

23 hours ago, nastra30 said:

With option 1, The airline will allow him to board because he still has a valid green card. This issue/hustle will be with CBP; but no matter what  do not sign I-407 at the arrival airport. 

Are you not able to transmit your US citizenship to your daughter?

I am. It can happen with consular report of birth abroad or when/if we get to US. 

Do I need a lawyer if the case is referred to an immigration judge ?