Reapplying for petition

[Hopeful2022 76]

I currently live in the Philippines for the past 7 yrs. I came in the USA when I was 19 yrs old through petition by my step mother. I had a green card. After couple of years I decided to go back to the Philippines due to my stupidity and stubbornness. I deeply regret it. My father is willing to file for my petition. I understand that it will take many years. My question is will I get denied since I already had a green card before? Also, as he is gathering documents to submit, his passport is expired. Is it okay if we just submit certificate of naturalization?
 

Thank you

[Chancy 6,241]

11 minutes ago, Hopeful2022 said:

I had a green card.

 

Is your GC expired?

 

[Hopeful2022 76]

5 minutes ago, Chancy said:

 

Is your GC expired?

 

Yes. Since 2018

[Chancy 6,241]

Just now, Hopeful2022 said:

Yes. Since 2018

 

I assume your GC is a 10-year one?  If so, just book your flight to the US and go.  The sooner, the better.  Bring a print-out of the following CBP memo and show to the airline check-in staff if they complain about your expired GC -- https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf

 

Expired Permanent Resident Cards: Ten-year validity

• LPRs with an expired I-551 may be boarded without penalty, provided the card was issued with a 10-year expiration date.

 

Based on the above memo, there's a good chance you'll be able to return with your GC.  Do NOT restart the petition process, unless you somehow fail in your attempt to return to the US.  Do NOT volunteer any information about how long you've been away or why you've been away for so long, unless CBP asks you directly.  Good luck and please update us on how it goes.

 

[Adventine 3,196]

@Chancy, normally I would agree with you but is there any specific documented case that the airlines/CBP really did allow someone to board the plane/enter the US with a GC that's been expired for 4 (going on 5) years? I don't know if OP has any proof of maintaining residency in the US.

Edited November 9, 2022 by Adventine

[marriedtomrg 141]

My kid is in a similar situation. She was 12 when she returned to the Philippines.  The option I was looking at for her is a Returning Resident Visa. 

 

It is a two part process - the Embassy has to determine if the green card holder is eligible...and if they agree only then could they move forward with visa application.

 

https://ph.usembassy.gov/returning-resident-determination/#:~:text=STEP 1%3A Schedule a returning,8988 to schedule your appointment.

[Hopeful2022 76]

3 hours ago, Chancy said:

 

I assume your GC is a 10-year one?  If so, just book your flight to the US and go.  The sooner, the better.  Bring a print-out of the following CBP memo and show to the airline check-in staff if they complain about your expired GC -- https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf

 

Expired Permanent Resident Cards: Ten-year validity

• LPRs with an expired I-551 may be boarded without penalty, provided the card was issued with a 10-year expiration date.

 

Based on the above memo, there's a good chance you'll be able to return with your GC.  Do NOT restart the petition process, unless you somehow fail in your attempt to return to the US.  Do NOT volunteer any information about how long you've been away or why you've been away for so long, unless CBP asks you directly.  Good luck and please update us on how it goes.

 

Yes its 10 yrs. I worked for the couple of yrs I was in the usa, had a bank, car, credit cards, filed taxes.. 

 

i might get refused in usa customs and get deported and get banned? 

[IWander 589]

5 hours ago, marriedtomrg said:

My kid is in a similar situation. She was 12 when she returned to the Philippines.  The option I was looking at for her is a Returning Resident Visa. 

 

It is a two part process - the Embassy has to determine if the green card holder is eligible...and if they agree only then could they move forward with visa application.

 

https://ph.usembassy.gov/returning-resident-determination/#:~:text=STEP 1%3A Schedule a returning,8988 to schedule your appointment.

A returning resident visa requires proof that the protracted stay was the result of circumstances beyond ones control.  Probably not a provable as it relates to the OP

[marriedtomrg 141]

6 hours ago, IWander said:

A returning resident visa requires proof that the protracted stay was the result of circumstances beyond ones control.  Probably not a provable as it relates to the OP

That's good to know. Thank you. @Boiler I saw the emoji lol - just had to throw that out there to see if this was even an option for the OP.

 

@IWander I was thinking the OP was 19 when she left, without own financial means of returning. What circumstances would have made this favorable for a returning resident visa?

[IWander 589]

7 minutes ago, marriedtomrg said:

That's good to know. Thank you. @Boiler I saw the emoji lol - just had to throw that out there to see if this was even an option for the OP.

 

@IWander I was thinking the OP was 19 when she left, without own financial means of returning. What circumstances would have made this favorable for a returning resident visa?

Actually the OP said stubbornness and stupidity.  But it could be medical related, war or other Act of God, etc.  I don't think financial would qualify but you never know until you present your facts to the consulate 

[Chancy 6,241]

9 hours ago, Hopeful2022 said:

i might get refused in usa customs and get deported and get banned? 

 

Even with an expired GC, you are still an LPR.  As an LPR, you cannot be deported or banned by CBP.  There are only two ways you can officially lose your LPR status -- either you surrender it yourself through submitting form I-407 or an immigration judge (IJ) revokes it.  CBP can take away your GC, but they cannot take away your LPR status.  So if you want to try your luck with CBP, here are the possible scenarios when you fly in to the US --

1. CBP will let you in, no questions asked.  This is less likely but still possible.
2. CBP will try to intimidate you to sign form I-407 to give up your LPR status.  Because your GC is expired, this is the more likely scenario.  It is up to you whether you want to sign or not.

• If you choose to sign I-407, before doing so, request that you be allowed in on B2 status.  CBP will take your GC and stamp your passport for B2 entry.  You will have a maximum of 6 months to legally stay in the US.
• If you decide not to sign I-407, respectfully request CBP to refer you to an IJ.  CBP will take your GC and stamp your passport with a temporary GC (I-551 stamp).  You will be allowed in to the US and will remain an LPR until your immigration hearing.  In this case, hire an immigration lawyer to discuss your options.

The above procedure is documented in the official CBP website -- https://help.cbp.gov/s/article/Article-3671?language=en_US

 

To increase the chances for you to be let in to the US without questions, you may try renewing your GC by submitting I-90.  Have the renewed GC mailed to a US address and ask a trusted friend or family member to send it to you by courier.  Fly in to the US only after you get the unexpired GC.  Note that this does not guarantee that you will be free of questions from CBP.  It will just make scenario #2 less likely.

 

Rather than taking a chance with CBP, of course it is your choice to simply restart the visa process and wait around 10 years (20 years if you get married) or so before you can return to live in the US again.  If that is what you decide, I recommend submitting form I-407 directly to USCIS before your father files a new petition for you.  Instructions here -- https://www.uscis.gov/i-407

 

In the I-130 petition, include a statement with the date you filed the I-407.  This is to avoid petition denial due to USCIS being confused that you are still an LPR.  For the I-130, a copy of your father's certificate of naturalization is sufficient proof of his US citizenship.  No need to renew his US passport.

 

[Chancy 6,241]

13 hours ago, Adventine said:

@Chancy, normally I would agree with you but is there any specific documented case that the airlines/CBP really did allow someone to board the plane/enter the US with a GC that's been expired for 4 (going on 5) years?

 

Because of the CBP memo I linked above, it is likely that OP will be allowed to board the plane with an expired 10-year GC.  The issue is whether CBP will let them in without hassle.  With an expired GC, that is not likely but still possible.  I recall one case where an LPR who was away for 9 years was able to successfully return to the US.  I don't remember if their GC was expired or not.  I'll link the thread when I find it.

 

@Mike E, any chance you have the thread bookmarked?  Or any other threads similar to the OP's situation?

 

[EDIT]  Found it!  LPR returned after 9-year absence.  GC was still valid, though almost expired --

 

 

Edited November 9, 2022 by Chancy
linked thread

[Adventine 3,196]

Thanks for the info, Chancy! 

[Mike E 11,739]

12 hours ago, Hopeful2022 said:

  

 

i might get refused in usa customs

That would be illegal.  

12 hours ago, Hopeful2022 said:

and get deported

To get deported you would have to go through removal proceedings and an immigration judge then decides to revoke your LPR status. You might get a notice to appear at the port of entry and it might be for a court date less a month away.  Or it might be years away.  

12 hours ago, Hopeful2022 said:

and get banned? 

Getting  banned requires you to do something egregious, like commit certain crimes, or  material misrepresentation. I don’t see a basis for getting banned.  
 

Refuse to sign I-407 at the port of entry.  Prepare to be required to file I-193 at the border and pay the fee.  Consider filing I-90 to start the process to renew your green card as an I-90 receipt is evidence of intent to not abandon status.  

[Hopeful2022 76]

If I ask someone in the usa to file i90 to renew green card, would it require them to finger print me?