IR1 family based visa would like to return to the US after 3 years(merged)

[JeanneAdil 6,505]

dogs will be cared for by the airport while they ,  themselves ,  go thru security checks for any illnesses

your wife will not get them  till they are released from quarantine so not an issue

she will only have her luggage as your luggage must remain with u for your own security checks 

 

Probably they take u into together for questions 

 

Get an airport cart to handle the luggage

Edited November 4, 2022 by JeanneAdil

[Mike E 11,739]

Why haven’t you tried to come back yet?

 

 

[Demise 1,283]

6 hours ago, Nicolo Vito Nesta said:

But I consulted with 2 immigration lawyers and they both advised me against this route because then I would have to prove to an immigration judge that I still wanted to return to the US. And that is the same problem I would have with the SB-1 visa.

I don't want to enter the US with the doubt if they let me in or block me. I travel with my wife and 2 dogs in tow. If I were to be stuck at the airport even for a single day my wife would have great difficulty alone with luggage and the natural needs of my dogs. We have no one there who can help her. So I want to make sure I have what it takes.

Nicolo

Someone correct me if I'm wrong, but there's two options here:

1. You get admitted as an LPR and are good to go

2. You get paroled in as an arriving alien and will have to see an immigration judge at a later date

They can't legally stop you, they can try to "convince you" to sign an I-407 and leave, but if you refuse then the only option they have is to refer you for removal proceedings and parole you in.

 

The thing is that in removal proceedings, even if you are an LPR, you can seek adjustment of status. So if CBP paroles you in and refers you for removal proceedings you'd file I-130 with USCIS and I-485 with the court, and the issue whether you abandoned your residency becomes moot, you got paroled into US, wife's a US citizen, you filed for adjustment, you are eligible for adjustment. Worst case you literally lose nothing, even the clock for naturalization since an absence over 1 year wiped that clean.

Edited November 4, 2022 by Demise

[Nicolo Vito Nesta 1]

I thank everyone for your suggestions and for your passion with which you try to convince me to come back. But I have to be realistic. If there is a small possibility of being blocked from entering the US I cannot overlook it. On the other hand, if the SB-1 visa exists, it is precisely to regularize these situations. If everyone arrives at the airport and pretends to enter, I don't understand what the SB-1 visa is for. And then I don't understand why there are immigration judges and some legislation on the matter. And sorry but I would not find one of you, at the entrance, cheering for me. I would find a CBP official who will try to do his job i.e. find any illegal LPR, i.e. me.

 

My question now is whether to follow the SB-1 visa route, where I have to prove that I did not want to abandon my green card or abandon it and apply for a new one where I have to prove that I still have all the requirements to obtain it. The SB-1 visa would give me 2 years to enter while the I-130 visa only gives me 3 months. For now I don't have the job offer yet. I'm working on it. That's why I haven't left yet. For this reason the logic suggests me to try to get the SB-1 visa and in case I don't get it try again with the I-130. But it means double expenses. Lawyers cost a lot and do not give you certainty. Maybe if I can find a non-profit organization that can give me legal support. It could be an idea. Dogs do not quarantine. Last time I found them abandoned near the suitcase conveyor belt, alone as a package. They were terrified after the flight and all the noises without seeing us.

[Nicolo Vito Nesta 1]

I

s there any possibility of checking my LPR status online, perhaps if there is any note on my green card indicating my prolonged absence?

[Boiler 45,516]

8 minutes ago, Nicolo Vito Nesta said:

I thank everyone for your suggestions and for your passion with which you try to convince me to come back. But I have to be realistic. If there is a small possibility of being blocked from entering the US I cannot overlook it. On the other hand, if the SB-1 visa exists, it is precisely to regularize these situations. If everyone arrives at the airport and pretends to enter, I don't understand what the SB-1 visa is for. And then I don't understand why there are immigration judges and some legislation on the matter. And sorry but I would not find one of you, at the entrance, cheering for me. I would find a CBP official who will try to do his job i.e. find any illegal LPR, i.e. me.

 

My question now is whether to follow the SB-1 visa route, where I have to prove that I did not want to abandon my green card or abandon it and apply for a new one where I have to prove that I still have all the requirements to obtain it. The SB-1 visa would give me 2 years to enter while the I-130 visa only gives me 3 months. For now I don't have the job offer yet. I'm working on it. That's why I haven't left yet. For this reason the logic suggests me to try to get the SB-1 visa and in case I don't get it try again with the I-130. But it means double expenses. Lawyers cost a lot and do not give you certainty. Maybe if I can find a non-profit organization that can give me legal support. It could be an idea. Dogs do not quarantine. Last time I found them abandoned near the suitcase conveyor belt, alone as a package. They were terrified after the flight and all the noises without seeing us.

I am not trying to convince you one way or the other, just commenting on your options, you do you.

 

And even with the benefit of having read your prior thread I certainly do not know the full details of your situation just what you have shared,

 

In the vast majority of cases SB1 seems a waste of space, you may of course be the exception.

 

lf you want legal advice you can pay for it, however like us all they can do is comment on your options the  call is yours.

[Crazy Cat 41,857]

11 minutes ago, Nicolo Vito Nesta said:

If there is a small possibility of being blocked from entering the US I cannot overlook it.

Can you name a case where a legal resident was denied entry?  I can't.   What happens when your SB- application is denied?  Just giving you my thoughts.  The choices and consequences are yours.   It seems you already know the SB-1 path will be difficult. 

Edited November 4, 2022 by Crazy Cat

[Mike E 11,739]

12 minutes ago, Demise said:

Someone correct me if I'm wrong, but there's two options here:

1. You get admitted as an LPR and are good to go

2. You get paroled in as an arriving alien and will have to see an immigration judge at a later date

They can't legally stop you, they can try to "convince you" to sign an I-407 and leave, but if you refuse then the only option they have is to refer you for removal proceedings and parole you in.

It's

 

1. Admitted as a retuning resident. If so, good to go.

2. Paroled as an arriving alien.

 

In either scenario, the LPR remains an LPR. Only an immigration judge can take that away from an adult LPR.

 

OP's lawyers are certain that OP will be paroled as an arriving alien. There are too many counter examples to say that this is certain.

 

12 minutes ago, Demise said:

 

The thing is that in removal proceedings, even if you are an LPR, you can seek adjustment of status. So if CBP paroles you in and refers you for removal proceedings you'd file I-130 with USCIS and I-485 with the court, and the issue whether you abandoned your residency becomes moot, you got paroled into US, wife's a US citizen, you filed for adjustment, you are eligible for adjustment. Worst case you literally lose nothing, even the clock for naturalization since an absence over 1 year wiped that clean.

While I don't think this is DIY (because I beleive there are complications when the alien is in removal proceedings to filing a new I-130/I-485), nonetheless I agree. And moreover CBP should know  it. So issuing an NTA is just a waste of time. I won't say for certain OP won't get an NTA, but logically OP should not.

[Boiler 45,516]

12 minutes ago, Nicolo Vito Nesta said:

I

s there any possibility of checking my LPR status online, perhaps if there is any note on my green card indicating my prolonged absence?

No

[Mike E 11,739]

13 minutes ago, Nicolo Vito Nesta said:

If there is a small possibility of being blocked from entering the US I cannot overlook it.

Did your lawyers say this can happen, legally?

 

If they did, then you need new lawyers.

 

I'm certain your SB-1 application will be denied. I would deny it: you have no legitimate case for an SB-1 and it and the time spent waiting for your appointment and decision just makes it more likely you will get an NTA.

[SusieQQQ 11,586]

18 minutes ago, Nicolo Vito Nesta said:

The SB-1 visa would give me 2 years to enter while the I-130 visa only gives me 3 months.

Both these statements are erroneous. Both paths result in an immigrant visa, that is valid for 6 months from date of issue.

[Crazy Cat 41,857]

OP could return to the US alone...then spouse could follow after OP's successful entry.

 

I'm out.  Good Luck.  

Edited November 4, 2022 by Crazy Cat

[SusieQQQ 11,586]

2 minutes ago, Crazy Cat said:

OP could return to the US alone...then spouse could follow after OP's successful entry.

 

I'm out.  Good Luck.  

Seems the most obvious route, or both come while someone at home is looking after the dogs. I would at least try… then you know, soon, what the situation is, vs waiting possibly months to get an SB1 interview or 1-2 years to see the i130 process through from the beginning again. 

[Calicolom 266]

9 hours ago, Crazy Cat said:

This has been extensively discussed in your previous post.  My advice: Get on a plane and return to the US.....soon.  Regardless of the route you take, you will, likely, be questioned in secondary...

How do you get on a plane, with an expired green card. Stow away.

[Crazy Cat 41,857]

37 minutes ago, Calicolom said:

How do you get on a plane, with an expired green card. Stow away.

 Read the very1st comment in this thread again.  OP's green card expires in 2029.  "My Green Card will expire in 2029".

Edited November 5, 2022 by Crazy Cat