Return to US after 10 months waiting 10 year GC

[Vinyort 8]

 

I left the US 10 months ago to come to my country due to a medical emergency in my family.

I have a pending ROC  ( its been like 2 years ) that has not yet been approved yet ( no RFE's, but POTOMAC you know .. )

 

So tomorrow I fly to the US  ( TEXAS ) with my expired GC + Extension letter ( that is going to expire on the 29th ).

I know, less than 2 week before my 24-month extension letter expires...

 

I know immigration can be terrible and I don't know what they gonna do to me, But I just could not leave my mother during such a hard time. She was diagnosed with advanced cancer, and the things got only worse during 2022.

I was supposed to go back to the US after a few weeks that then, became months, and its like every time I tried to go back to America the things with my mom got worse.

 

I did not have time to apply for a reentry permit coz when I left the US I booked like a same-day flight coz I was really concerned about my mom.  I have a few questions for you guys. I would really appreciate any help:

 

Part 1 :

 

What are my rights when I arrive in the US ( thats gonna be on Wednesday morning - Houston )?

What should I say? Should I bring my mom's medical paperwork ( I already have the documents just in case )?

Can you guys tell me what is probably gonna happen to me when I arrive in the US?

 

 

Part 2:

 

Im already trying to schedule an Infopass and I already received that e-mail saying that NO INFOPASS available.  Is there any way I can get an Emergency infopass just in case I need to go overseas again? Could I possibly leave the US again if I need to?

 

THANK U THANK U

 

ps: im on the facebook group as well, but was advised there to ask here coz they say people from VisaJourney knows more about USCIS than the lawyers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited October 17, 2022 by Vinyort

[OldUser 6,663]

Part 1.

Do not say anything unless CBP asks something. Answer the question directly and truthfully, do not include irrelevant information. You can be asked to sign a form to relinquish your LPR status. You have a right not to sign it. Only a judge can take your permanent residency away.

 

Bring all your supporting documents just in case to support your reasons for staying outside of the US for 6+ months.

 

Part 2.

You can only leave if your extension letter is still valid for your return. Because yours is expiring soon, you should get I-551 stamp before leaving. Otherwise, not US officials, but airline would deny you from boarding the plane to the US.

 

P.S. If you enter the US successfully, you should try avoiding leaving shortly after. If you have some delay / secondary inspection etc when entering the US you should really try to avoid leaving shortly after, and expecially without the stamp.

Edited October 17, 2022 by OldUser

[nastra30 2,287]

1 hour ago, Vinyort said:

So tomorrow I fly to the US  ( TEXAS ) with my expired GC + Extension letter ( that is going to expire on the 29th ).

If you are returning tomorrow with expired green card + 24months extension (which is unexpired), then I don't expect you'll have any issues. 

[Mike E 11,739]

Refuse to sign I-407 because you’ve got an excellent case against an accusation of abandoning your LPR status.  

[Vinyort 8]

1 hour ago, OldUser said:

Part 1.

Do not say anything unless CBP asks something. Answer the question directly and truthfully, do not include irrelevant information. You can be asked to sign a form to relinquish your LPR status. You have a right not to sign it. Only a judge can take your permanent residency away.

 

Bring all your supporting documents just in case to support your reasons for staying outside of the US for 6+ months.

 

Part 2.

You can only leave if your extension letter is still valid for your return. Because yours is expiring soon, you should get I-551 stamp before leaving. Otherwise, not US officials, but airline would deny you from boarding the plane to the US.

 

P.S. If you enter the US successfully, you should try avoiding leaving shortly after. If you have some delay / secondary inspection etc when entering the US you should really try to avoid leaving shortly after, and expecially without the stamp.

 

3 minutes ago, Mike E said:

10 minutes ago, nastra30 said:

If you are returning tomorrow with expired green card + 24months extension (which is unexpired), then I don't expect you'll have any issues. 

Refuse to sign I-407 because you’ve got an excellent case against an accusation of abandoning your LPR status.  

 

Thank you my friends. I will post here what happens when I land in the US

In case they take my Green Card away, Im still able to get the Infopass later this year?

Ive been reading some stories in the internet but not many cases like mine

[Mike E 11,739]

5 minutes ago, Vinyort said:

In case they take my Green Card away, Im still able to get the Infopass later this year?

If CBP takes  your green card, then by law and policy it has to give you an I-551 stamp.  Given your extension letter expires on 2 weeks you should say thank you to officer on the way out of that happens.  
 

Was this a joint I-751?

Edited October 17, 2022 by Mike E

[Vinyort 8]

1 minute ago, Mike E said:

If CBP takes  your green card, then by law and policy it has to give you an I-551 stamp.  Given your extension letter expires on 2 weeks you should say thank you to officer on the way out of that happens.  
 

Was this a joint I-751?

haha

 

no, it was a Waiver ( guess that makes my case even worse lol )

[OldUser 6,663]

5 minutes ago, Vinyort said:

haha

 

no, it was a Waiver ( guess that makes my case even worse lol )

Yes, make sure to have some docs / copies around that too if possible.

[Mike E 11,739]

44 minutes ago, Vinyort said:

haha

 

no, it was a Waiver ( guess that makes my case even worse lol )

Actually given the 10 month absence the fact it was a divorce waiver means that a 10 month absence from spouse (ex-spouse) doesn’t matter. 
 

Have you verified that the status of your I-751 is still pending?

[Vinyort 8]

3 minutes ago, Mike E said:

Actually given the 10 month absence the fact it was a divorce waiver means that a 10 month absence from spouse (ex-spouse) doesn’t matter. 
 

Have you verified that the status of your I-751 is still pending?

yes. havent changed since SEP 2020, no updates at all. 

[Dashinka 24,498]

1 minute ago, Vinyort said:

yes. havent changed since SEP 2020, no updates at all. 

You were notified if any interview notice arrived?  I agree with the others, only answer the CBP Officer's questions asked truthfully, don't add any unnecessary information, don't sign anything, etc.  More than likely you will be fine.

 

Good Luck!

[Vinyort 8]

1 hour ago, Dashinka said:

You were notified if any interview notice arrived?  I agree with the others, only answer the CBP Officer's questions asked truthfully, don't add any unnecessary information, don't sign anything, etc.  More than likely you will be fine.

 

Good Luck!

nothing...I check the USCIS website/app every single day 😕 

also I have USPS delivery notifications every letter coming to my apartment

Edited October 18, 2022 by Vinyort

[Mike E 11,739]

54 minutes ago, Vinyort said:

nothing...I check the USCIS website/app every single day 😕 

also I have USPS delivery notifications every letter coming to my apartment

You've held a residence in the USA the entire time. The absences was under 365 days.

 

Any CBPO who gives you a notice to appear (NTA) is abusing authority. 99% chance you are processed as  returning resident (which is good and normal for LPRs who return).

Edited October 18, 2022 by Mike E

[Sarah&Facundo 595]

Like others said above, it was less than a year. Just don't volunteer extra information.

[Vinyort 8]

On 10/17/2022 at 10:34 PM, Sarah&Facundo said:

On 10/17/2022 at 9:12 PM, Mike E said:

You've held a residence in the USA the entire time. The absences was under 365 days.

 

On 10/17/2022 at 7:14 PM, Dashinka said:

You were notified if any interview notice arrived?  I agree with the others, only answer the CBP Officer's questions asked truthfully, don't add any unnecessary information, don't sign anything, etc.  More than likely you will be fine.

On 10/17/2022 at 6:00 PM, nastra30 said:

If you are returning tomorrow with expired green card + 24months extension (which is unexpired), then I don't expect you'll have any issues. 

Good Luck!

Any CBPO who gives you a notice to appear (NTA) is abusing authority. 99% chance you are processed as  returning resident (which is good and normal for LPRs who return).

Like others said above, it was less than a year. Just don't volunteer extra information.

 

Hey guys, just want to give an Update.

So I landed in Houton, TX today at 5:30ish am  with GC + 24 months extension letter ( that is gonna expire in 12 days )

 

went to the visitors/ LPR queue, gave my documents to CBP , CBP agent:

- how long did u stay outside the US?

- 10 months

 

he read the extension letter a little bit....and asked me to scan my right hand fingers ....then he read the extension letter a little bit again and very polite asked me that if I was planning to "renew this soon" ( the letter ) ....I said "yes, Im gonna schedule an infopass ASAP""

 

and that's it.

I was outside the US for 10 months and 15 days, with a extension letter and Pending ROC. It took less than 2 minutes. No secundary ( and I live in Florida! )

 

thank you guys for the help, now im gonna try to get that Stamp!!!