Parents help

[bajandoc05@yahoo. 0]

Hello everyone

My parents left the US in March of 2020 to go home  for a short trip to help take care of my sick grandmother then the restrictions on covid grip the world they went to the US embassey and they were told there were no appointments available ..( they were trying to see what to do to go back to the states since it was a year already). Long story short my grandmother died in september 2022 my mother and dad have now decided to board a flight to reenter the US they have proof of having paid taxes , bank accounts pay stubs ( they work remotely) and my grandmothers death certificate they will be trying to enter the US though Canada. They do not want to lose their green cards but they were stuck as my mom is an only child and the only one to take care of my grandmother. Also the covid restrictions and they are both have health conditions that would get worse if they contracted Covid  My parents are both in their 70's. Any thoughts on what might happen at the border in Canada when they try to board the plane to the US?

[Boiler 45,442]

I assume you have read the many threads on this subject, let in, asked to fill a I 407 which they should refuse or referred to an IJ

[Mike E 11,739]

15 minutes ago, bajandoc05@yahoo. said:

My parents are both in their 70's. Any thoughts on what might happen at the border in Canada when they try to board the plane to the US?

At a preclearance port of entry CBP can easily say "nope".

 

At land port of entry, CBP legally has to admit them.

 

Consider flying out of an airport that doesn't have preclearance and has nonstop flights to the U.S., such as Regina or Toronto Island. If the arrival airport in the U.S. has automated passport kiosks that use  facial recognition, then their chances of getting through without an NTA increase.

 

[bajandoc05@yahoo. 0]

@Boiler so if they refuse to sign the I 407 my question will they still allow them in?

[Boiler 45,442]

Yes

[carmel34 3,620]

It's up to the CBP officer at the port of entry.  They could be allowed in with no issues, or they could be let in but their case sent to an immigration judge (takes years), where they would need to present evidence that they did not violate the terms of their LPR status.  An attorney would be a good idea in that case.

[Mike E 11,739]

 Is interesting. The OP keeps asking to file I-407! At the preclearance port of entry and CBP keeps talking OP out if it.  

[Goldfinger 4]

I'll elaborate since it is relevant to the discussion - I'm passing through land ports from Western Canada, which might have an impact here, but CBP simply does not want to take my green card, and I've moved back home. I work out of Canada, I've declared that I wish to return my green card, and they simply aren't having it. I think I've tried three times already. First two times the dudes at the window just told me no, wait, hang onto it, and they basically advised me to use it as a fast pass for the border. The third time they sent me to secondary, where a supervisor told me not to turn it in. Honestly, it's too intimidating to proceed at that point so I always go "SURE! :D" but like, I don't like being between statuses and I don't intend on moving back to America. The like, supervisor said "You have until the expiration date on this card to make up your mind." Honestly, I believe that if I told them "I'm working and living in Canada for a few years, and I plan on returning to America" they'd let me keep it the entire time and move back when I wanted to.

 

With that said, I'm not sure if airports are a different culture or not when it comes to CBP. It's also worth mentioning that I've never been out of the states for a full year, because we visit my inlaws very frequently.

 

Also - try calling them directly. Explain the situation and they'll likely give you an understanding of how militant they'll be about everything. I call them for all sorts of stuff if I have questions and they are generally pretty helpful.

Edited December 10, 2022 by Goldfinger

[Mike E 11,739]

1. Which land ports of entry have they refused I-407?

 

2. What times of the day?

 

3. What days of the week?

[Lil bear 4,181]

3 hours ago, Mike E said:

 Is interesting. The OP keeps asking to file I-407! At the preclearance port of entry and CBP keeps talking OP out if it.  

Theres probably a pile of paperwork that CBP is trying to avoid completing! 

[Mike E 11,739]

Just now, Lil bear said:

Theres probably a pile of paperwork that CBP is trying to avoid completing! 

That’s what I am thinking too. So if we knew the ports of entry, then we could suggest those ports to LPRs who have been out for 181 or more consecutive days or those who spend more time outside the U.S. than inside.  

[Lil bear 4,181]

Just now, Mike E said:

That’s what I am thinking too. So if we knew the ports of entry, then we could suggest those ports to LPRs who have been out for 181 or more consecutive days or those who spend more time outside the U.S. than inside.  

If only it was that predictable or consistent !! 

[Goldfinger 4]

I don't recall the times/days, but it was North Portal. I don't think it was a paperwork thing, because some of the refusals came from window guards who wouldn't really have to worry about the paperwork. They genuinely believe in the idea of remaining a US person for as long as possible, by my read. It's worth noting that my wife is American as well, which may influence the matter.

[Mike E 11,739]

1 minute ago, Goldfinger said:

North Portal. 

https://en.m.wikipedia.org/wiki/Portal–North_Portal_Border_Crossing