Out of the country for 1year++ (1year 2weeks and counting), wanting to move back by June'23

[Mobius1 175]

53 minutes ago, iwannaplay54 said:

Correct.  At worst they can hold you but they cannot return you

 

Well that's good to know that folks have a fighting chance. 

[hopeful_immigrant 1]

On 12/11/2022 at 10:27 PM, iwannaplay54 said:

When you arrive, 8 CFR 211 advises you are entitled to a hearing on determination of your status and you have the right to be paroled into the US pending that hearing.  No matter what the CO says, or what they say if you are taken to secondary, advise that your trip was temporary and you are returning back to the US.  Do not sign anything that abandons your green card and politely advise that you wish a ruling by an immigration judge before you will.

 

You don’t want to risk that hearing at the embassy and I do not blame you.  We did risk it after a 4 year absence and got our SB1.  
Pull the SB1 application, look at the list of evidence of ties to the US, and have that information with you when you enter.  Documentation of uninterrupted employment by the same US company would be a very good piece of evidence that you have not broken ties.   The others are - valid drivers license, banking info, investment/retirement info, an address (hopefully you are addressed to a family member or somewhere permanent for your ongoing US business), insurance (any including health, auto, life, etc), vehicle registration, cell accounts, and if you stored any property while you were away show it.

That is the exact list that got us our SB1 (minus US company emplpyment) and whether you have to pull it together for an embassy determination, a determination at the POE, or an immigration judge the information will need to be pulled together and on standby for when you need it.

 

Best of luck.  I am sure you will get in, but this may drag on for awhile if you get the wrong IO.

 

NOTE:  Applying for SB1 does not automatically trigger status as abandoned.  Who told you that.

 

I've read about SB1 from multiple threads before - probably it might not trigger the LPR status as abandoned but the concern is that, in the system, it might show that "I (applicant of SB1) does have doubts of his/her status of being LPR" therefore it will be a bit harder to fight for my case when it comes to entering the USA - if it shows that I am aware that i might have abandoned my LPR status.

 

1. still have my US Real ID Driver license BUT it will be 1 month expired when i re-enter USA in July2023 (or end fo June 2023).

2. banking info - still have my main bank account in the USA 
3. no properties

4. sold my car when i left back in 2020 (though i do have documents of owning the car before).

5. no health insurance (got one via employment when i was in the USA before, but since i am not a contractor living out of the USA, my employment doesn't grant me that right now).

6. converted my cellphone number into Google Voice - so that people can still call my number while i am overseas. 

 

So yeah, not a great list of ties to show for SB 1 application it seemed. 

 

I'll just have them ready i suppose, copies of everything, banking info et al, hopefully i'll just get a very lenient IO at the POE.

 

[hopeful_immigrant 1]

On 12/12/2022 at 3:00 AM, Boiler said:

That is not an option, they do not have that authority.

 

They could hold you pending Immigration Court but have never heard of that being done.

 

hold pending immigration court - how bad can they make it to be? like i only read so far, it they always say it as "paroled in", have never read "being detained" pending immigration court (which would be scary considering that i will have my other family members along with me at that time when returning next year).

Also, where can i check how long would i would have to wait for the case to be scheduled for hearing? 

[Boiler 45,486]

I have never seen someone detained, but it is possible 

 

Court timelines are down to the Court, could be quick could be a decade.

[Mike E 11,739]

29 minutes ago, hopeful_immigrant said:

 

hold pending immigration court - how bad can they make it to be?  

This goes against CBP published procedure and I believe the published law.
 

CBP’s published procedure:

 

https://help.cbp.gov/s/article/Article-3671?language=en_US#:~:text=The CBP officer will collect,final determination on your case
 

“You can contest the abandonment charge in immigration court. To do this, you will need to inform the CBP officer that you would like to appear before an immigration judge and check the appropriate box on form I-862 (Notice to Appear), which will be provided to you. The CBP officer will collect your actual green card, but will give you a temporary replacement document that confirms that you continue to be a permanent resident of the United States (until the immigration judge makes a final determination on your case). You will then be paroled into the United States. ”

 

An armed police force always has absolute power over you.  In general you comply when presented force and rely on the  courts to sort it out.  If CBP turned you over to ICE pending appearance, you would hire an attorney to represent you in a bond hearing and bond out.  The judge will likely be as puzzled as you.  https://www.visajourney.com/forums/topic/788194-i551-stamp-travel-in-removal-proceedings/
 

 

If you fear abuse of power by CBP, whether you are a U.S. citizen, LPR, or otherwise, your remedy is to stay inside the USA and never leave and also never  come within 100 miles of the border. Here is the safe zone:

 

Yes that means Hawaii and the territories are off limits. 

If you are outside the USA, your remedy is to not return.

Edited December 12, 2022 by Mike E

[iwannaplay54 985]

6 hours ago, hopeful_immigrant said:

 

I've read about SB1 from multiple threads before - probably it might not trigger the LPR status as abandoned but the concern is that, in the system, it might show that "I (applicant of SB1) does have doubts of his/her status of being LPR" therefore it will be a bit harder

 

Not many threads.  They’re rare.

Two paths.  Returning resident or throw yourself at the IO’s mercy and cross your fingers.  Good luck!