Can I return to America?

[erosfromarg 5]

 

Ok guys, so I lived in the US with a GC since 2015 ( married to US citizen ), for stupid reasons I did not apply for citizenship ( basically I did not want to spend the money...I know...Im stupid ) )

My marriage was an abusive terrible mess so in March 2020 just when Covid first hit , my husband quick me out of the house...I went back to my country and never came back to America... 

 

Now, 3 years and more later ( after worked and lived overseas ) I want to return to the US. I knew about the GC rules but I decided to stay overseas ( I did not have a reason to return to America ).

Now I want to go back to America.... so...first I hired a lawyer:

 

I paid $ 300 for an appointment and he told me the best way is to apply for a return visa ( sb1 ) and he wants to charge me$ 5000 for that + visa fees.

 

1 day later I met a paralegal from my country, who did not charge me anything but she told me that I should not apply for that Return Visa because its 100% chance it will get denied. and that my ONYL shot is to fly to America ( GC expires in in 2027 ) and try to convince CBP that I did not abandon my GC.....she said the worst worst case scenario it will be me going to a Immigrant Court...that..in the end...gonna let me stay.....she said its 99% chance that Im gonna be fine, but I need to fly to America and probably deal with an almost-abusive CBP........this paralegal not gonna charge me anything but she said I need to start to make "proof" that I did not want to abandon my residency.

 

So at this point I don't know if I should trust the Lawyer or the Paralegal...Could you guys give me some advise based on the experiences that you have seen?

 

thanks

 

 

 

 

 

 

Edited May 14, 2023 by erosfromarg

[powerpuff 6,685]

~~ Topic moved to General Immigration discussion ~~
 

The paralegal is 100% right. Sad but not surprising to see lawyers giving such advice and charging money for that.

 

I hope you have been filing US taxes as you are required to do so. What other evidence do you have that you didn’t intend to abandon your permanent residence in the US?

 

1 hour ago, erosfromarg said:

probably deal with an almost-abusive CBP

I find this statement odd. They’re abusive because they’re doing their job? They have the right to scrutinize your case, you’re not abiding my terms and conditions of your LPR status. 
 

 

Edited May 14, 2023 by powerpuff

[Boiler 45,449]

Another vote for the paralegal 

[TBoneTX 45,259]

1 hour ago, erosfromarg said:

an almost-abusive CBP

They're often in foul humor and are looking to nail somebody (even USCs).

To be fair, they're laboring under awful conditions.

[JeanneAdil 6,489]

another vote for paralegal 

expect to be taken to secondary interview

don't volunteer any information/just answer honestly to the CBP officer

and don't bring anything illegal.  /claim all monies u bring in 

[Crazy Cat 41,814]

Sometimes Paralegals are smarter than attorneys.  The Paralegal is correct.   Get on a plane and come to the US.  Don't sign an I-407.....

Edited May 14, 2023 by Crazy Cat

[Mike E 11,739]

1 hour ago, erosfromarg said:

fly to America ( GC expires in in 2027 ) and try to convince CBP that I did not abandon my GC

Yes. And refuse to sign I-407.

File your tax returns, document the abuse, come home.

[Boiler 45,449]

1 hour ago, TBoneTX said:

They're often in foul humor and are looking to nail somebody (even USCs).

To be fair, they're laboring under awful conditions.

I forget where I saw this but it was from an Agent who works on the Southern Border, he mentioned they pay well, 6 figures but have great difficulty hiring staff and keeping them, seems most are looking to move either within the Federal Government or at least away from the Southern Border. Sounded like you had to do 2 or 3 years before you were eligible for a transfer.

[TBoneTX 45,259]

1 hour ago, Boiler said:

away from the Southern Border

Even before the current awful situation, I've wondered how they can wear those navy-blue uniforms and not be drenched with sweat all the time.  It would certainly be preferable to work indoors, such as at airports.

[igoyougoduke 1,653]

omg 5000$ for sb1 visa is just insane quote. some lawyer wants to take advantage of the situation when a plane ticket would solve the entire issue.

5 hours ago, erosfromarg said:

 

Ok guys, so I lived in the US with a GC since 2015 ( married to US citizen ), for stupid reasons I did not apply for citizenship ( basically I did not want to spend the money...I know...Im stupid ) )

My marriage was an abusive terrible mess so in March 2020 just when Covid first hit , my husband quick me out of the house...I went back to my country and never came back to America... 

 

Now, 3 years and more later ( after worked and lived overseas ) I want to return to the US. I knew about the GC rules but I decided to stay overseas ( I did not have a reason to return to America ).

Now I want to go back to America.... so...first I hired a lawyer:

 

I paid $ 300 for an appointment and he told me the best way is to apply for a return visa ( sb1 ) and he wants to charge me$ 5000 for that + visa fees.

 

1 day later I met a paralegal from my country, who did not charge me anything but she told me that I should not apply for that Return Visa because its 100% chance it will get denied. and that my ONYL shot is to fly to America ( GC expires in in 2027 ) and try to convince CBP that I did not abandon my GC.....she said the worst worst case scenario it will be me going to a Immigrant Court...that..in the end...gonna let me stay.....she said its 99% chance that Im gonna be fine, but I need to fly to America and probably deal with an almost-abusive CBP........this paralegal not gonna charge me anything but she said I need to start to make "proof" that I did not want to abandon my residency.

 

So at this point I don't know if I should trust the Lawyer or the Paralegal...Could you guys give me some advise based on the experiences that you have seen?

 

thanks

 

 

 

 

 

 

 

[manyfudge 285]

+1 for paralegal.

 

1) file your taxes.

2) don’t sign an i-407

3) don’t dilly dally.  Come back next month.

[Dashinka 24,481]

I vote for the paralegal as well.  We are seeing more and more of these stories lately, but your case is simpler, you have a valid physical GC, so you should have no issues boarding a plane.  You can also depending on your eventual route, maybe find an airport with CBP pre-clearance in your route (fly through Canada, Ireland, Abu Dhabi, Bahamas, Bermuda, or Aruba), I expect these CBP officers are a little less stressed.

 

Good Luck!

[retheem 564]

My cousin came back after 4 years away from the US and she had a green card. And now she is a citizen. Whatever you do with this information is up to you.

[Verrou 1,962]

+1 paralegal

 

friends did this few years back, flew to the US, the CBP officer grumbled and grumbled and let her in

[erosfromarg 5]

17 hours ago, powerpuff said:

~~ Topic moved to General Immigration discussion ~~
 

The paralegal is 100% right. Sad but not surprising to see lawyers giving such advice and charging money for that.

 

I hope you have been filing US taxes as you are required to do so. What other evidence do you have that you didn’t intend to abandon your permanent residence in the US?

 

I find this statement odd. They’re abusive because they’re doing their job? They have the right to scrutinize your case, you’re not abiding my terms and conditions of your LPR status. 
 

 

I did file the taxes, every year, Im pretty sure I can find other evidences.

But Im in shock that the paralegal is correct!

 

Thank you everyone!

I booked my flights, gonna be flying to the US in 4 weeks!!

 

I ll update you all on what happens!