Returning to the US as an LPR after 9 years

[wateryourroses 0]

Hi everyone! I got my green card in July 2014. That’s when I came to the US, I was 16 at the time. I (along with my mother and sisters) had to leave the US in Nov 2014 because the person financially sponsoring us could not afford for my sisters to continue college in the US and we couldn’t fight the decision because we really on them for everything. We got a 2 year re-entry permit, and planned to come back to the US in Dec 2016. 
 

Some cultural context before I continue, my dad passed away when I was very young and in my country women are typically not allowed to work so my mother and my sisters relied on the aforementioned financial sponsor after my dad passed. This person tragically passed away before Dec 2016, and we couldn’t go back because we could simply not afford to do so. I was then told that now that my re-entry permit has expired, I should consider my GC useless and invalid. 
 

This year I got into a US school for masters and planned to apply for an F-1 visa, assuming that I was no longer an LPR. I then found out that I am still an LPR and my best option is to travel on my valid unexpired (expires July 2024) GC. I have been outside the US for 9 years now. I have the following documents:

 

- Unexpired GC

- Expired 2 year re-entry permit

- University admission letter, university employment letter for a graduate assistantship

- Apartment lease documents

- Death certificate of my financial sponsor

- I was also taking care of my very, very ill grandfather who is my legal guardian in my home country, I have all of those medical docs

 

I already have a ticket for August from Pakistan to JFK. I want to know a) if these documents would be enough to please the CBP, b) what narrative should I take? I was a minor when I left, and the decision was most certainly made against my wishes, do I have anything that can validate this argument? c) what questions can I expect to be asked? I have never encountered the CBP, and I have never traveled alone. I am generally quite an anxious and timid person. Any and all help is deeply appreciated. 

 

Thank you!!

[Lil bear 4,201]

2 minutes ago, wateryourroses said:

Hi everyone! I got my green card in July 2014. That’s when I came to the US, I was 16 at the time. I (along with my mother and sisters) had to leave the US in Nov 2014 because the person financially sponsoring us could not afford for my sisters to continue college in the US and we couldn’t fight the decision because we really on them for everything. We got a 2 year re-entry permit, and planned to come back to the US in Dec 2016. 
 

Some cultural context before I continue, my dad passed away when I was very young and in my country women are typically not allowed to work so my mother and my sisters relied on the aforementioned financial sponsor after my dad passed. This person tragically passed away before Dec 2016, and we couldn’t go back because we could simply not afford to do so. I was then told that now that my re-entry permit has expired, I should consider my GC useless and invalid. 
 

This year I got into a US school for masters and planned to apply for an F-1 visa, assuming that I was no longer an LPR. I then found out that I am still an LPR and my best option is to travel on my valid unexpired (expires July 2024) GC. I have been outside the US for 9 years now. I have the following documents:

 

- Unexpired GC

- Expired 2 year re-entry permit

- University admission letter, university employment letter for a graduate assistantship

- Apartment lease documents

- Death certificate of my financial sponsor

- I was also taking care of my very, very ill grandfather who is my legal guardian in my home country, I have all of those medical docs

 

I already have a ticket for August from Pakistan to JFK. I want to know a) if these documents would be enough to please the CBP, b) what narrative should I take? I was a minor when I left, and the decision was most certainly made against my wishes, do I have anything that can validate this argument? c) what questions can I expect to be asked? I have never encountered the CBP, and I have never traveled alone. I am generally quite an anxious and timid person. Any and all help is deeply appreciated. 

 

Thank you!!

With a valid, unexpired GC you will be v able to board your flight

 

 At POE , if /when challenged-  do not sign the I407 to relinquish your LPR status. 
 

Tell CBP that you wish to appear before an immigration judge. They are the only ones who can terminate your status. 
 

Don't forget to apply for a renewal of your GC as soon as you are eligible. 
 

Immigration court will take years .. the outcome of your case is uncertain but you have time to get a competent lawyer,  build a life , pay taxes etc and hopefully  present a strong  case to retain your your  status 
 

[Mike E 11,739]

21 minutes ago, wateryourroses said:

I already have a ticket for August from Pakistan to JFK

On PIA?

 

21 minutes ago, wateryourroses said:

JFK. I want to know a) if these documents would be enough to please the CBP,

possibly

Quote

b) what narrative should I take? I was a minor when I left, and the decision was most certainly made against my wishes, do I have anything that can validate this argument?

That and you were in situation where you were unable to act for yourself due to:

 

21 minutes ago, wateryourroses said:

women are typically not allowed to work

and

 

21 minutes ago, wateryourroses said:

I was also taking care of my very, very ill grandfather who is my legal guardian in my home country, I

 

Quote

c) what questions can I expect to be asked?

 

Why were you gone long?

 

Why couldn’t you return?

 

Do you have any IRS tax return transcripts?

 

Are you returning to the U.S. now after 9 years because you plan to petition a spouse or child for an immigration visa?

 

Is anyone paying you to move back to the U.S.?

 

Quote

I have never encountered the CBP, and I have never traveled alone. I am generally quite an anxious and timid person. Any and all help is deeply appreciated

As Lil bear said, refuse to file I-407.

 

Prepare for a long day at JFK.

 

I’d say half the time in these cases, CBP says nothing. Most of time there is no Notice to Appear. In fact across reddit and VJ, for the past 2-3 years I only know of one NTA for abandonment of LPR status:

 

That was a case where the LPR was going back and forth, spending most time outside the U.S.  

 

After you enter the U.S., I prefer if you  not leave until after you naturalize. 

Edited June 22, 2023 by Mike E

[wateryourroses 0]

9 minutes ago, Mike E said:

On PIA?

I’ll be flying via Qatar Airways. My transit is in Doha. Can I expect any issues at Doha Airport?
 

10 minutes ago, Mike E said:

 

Prepare for a long day at JFK.

 

Is secondary inspection unavoidable? I am flying to JFK because it was recommended on VJ for being extremely busy. 
 

I’ll be studying on full funding and I honestly barely have the money to get started. After that I’ll be relying on my measly stipend for survival. If I end up with an NTA, I really don’t see myself being able to afford a lawyer. What should I do in that case?

[Boiler 45,486]

It is possible that you will get a NTA, now the experience here is that is unlikely, Courts are a bit busy.

[Mike E 11,739]

1 hour ago, wateryourroses said:

I’ll be flying via Qatar Airways. My transit is in Doha. Can I expect any issues at Doha Airport?

Very good, you have become a great student of how to get home (🇺🇸)

 

Why Qatar Airways is arguably the best choice for a Pakistani:

 

* It is not PIA. PIA has been known to ask LPRs how long they have been out, and then deny boarding.

 

* Pakistanis have a visa waiver for Qatar. You can enter Doha city. Chill for a day or so. And get on your flight to the U.S.  So if the airline denies boarding on your two segment trip to JFK, book a round trip to Doha, and then while there, book a oneway to the U.S. 

1 hour ago, wateryourroses said:

 

 

Is secondary inspection unavoidable? I am flying to JFK because it was recommended on VJ for being extremely busy.

Double digit percentages of cases like yours do not get a secondary. 

1 hour ago, wateryourroses said:

I’ll be studying on full funding and I honestly barely have the money to get started. After that I’ll be relying on my measly stipend for survival. If I end up with an NTA, I really don’t see myself being able to afford a lawyer. What should I do in that case?

Your trial would likely take years. By which time you might have graduated and are earning money. If you are going for a masters, then you likely have a bachelors. So worst case you delay school, and start earning money to save for your defense. Or maybe you find another path to a new gc.

 

IOW cross bridges if (not when) you get to them.

[discoverusa 258]

Please let us know how it went at the airport. 

[wateryourroses 0]

5 hours ago, Mike E said:

Very good, you have become a great student of how to get home (🇺🇸)

 

Why Qatar Airways is arguably the best choice for a Pakistani:

 

* It is not PIA. PIA has been known to ask LPRs how long they have been out, and then deny boarding.

 

* Pakistanis have a visa waiver for Qatar. You can enter Doha city. Chill for a day or so. And get on your flight to the U.S.  So if the airline denies boarding on your two segment trip to JFK, book a round trip to Doha, and then while there, book a oneway to the U.S. 

Double digit percentages of cases like yours do not get a secondary. 

Your trial would likely take years. By which time you might have graduated and are earning money. If you are going for a masters, then you likely have a bachelors. So worst case you delay school, and start earning money to save for your defense. Or maybe you find another path to a new gc.

 

IOW cross bridges if (not when) you get to them.

I am prepared for the CBP but the only issue I am now facing is immigration in Pakistan. I have asked through 3 different sources in the immigration office and all of them have told me that I will not be able to board the flight because I haven’t exited within 180 days, regardless of the airline. This has to do with the government body that controls immigration in Pakistan. 

 

If I book a round trip to Doha and then fly to the US, what if there are issues in immigration from Doha to US? I am not equipped to handle those as I don’t even speak the language or know anyone in Qatar. 

[powerpuff 6,697]

9 minutes ago, wateryourroses said:

I am prepared for the CBP but the only issue I am now facing is immigration in Pakistan. I have asked through 3 different sources in the immigration office and all of them have told me that I will not be able to board the flight because I haven’t exited within 180 days, regardless of the airline. This has to do with the government body that controls immigration in Pakistan. 

 

If I book a round trip to Doha and then fly to the US, what if there are issues in immigration from Doha to US? I am not equipped to handle those as I don’t even speak the language or know anyone in Qatar. 

There are tourists in Qatar, I’m sure they get by somehow and also there’s always google translate. They might even have a hotel in the airport or very close to it. The most important part is that you don’t need a visa to exit the airport 

 

I’m not familiar with Pakistan immigration and returning LPRs. If they do track it, then I would definitely get a separate ticket for Qatar (maybe even roundtrip) and then a separate one to the US. 

 

[Mike E 11,739]

1 hour ago, wateryourroses said:

If I book a round trip to Doha and then fly to the US, what if there are issues in immigration from Doha to US? I am not equipped to handle those as I don’t even speak the language or know anyone in Qatar. 

English will be fine.

 

1 hour ago, wateryourroses said:

able to board the flight because I haven’t exited within 180 days

 Options:

 

1.  Book a round trip to Male, Maldives or to Victoria, Seychelles. From there book a flight to the U.S. 

 

2.  Book a round trip flight to Toronto, Canada from Pakistan. Your green card is a visa waiver for Canada. Once you arrive in Canada, take a taxi to Toronto’s Billy Bishop airport and fly Porter Airlines to Newark, NJ. This way you will not be blocked by U.S. pre-clearance in at Pearson Airport. There is a risk with this option in that Canadian immigration officers are likely to give you more scrutiny.

 

3. If you are ok with traveling with just a carry on, then more possibilities open for you.  You book  round trip to one of the few countries that does not have a visa requirement for Pakistanis. Then at a  transit airport you check in for a flight to the U.S. This is dependent on airport. I personally have done it at Hong Kong (where the transit desks are before the security check point (X ray, walk through metal detector), and at  Bangkok (BKK). In the case of BKK the transit desks are after the security check point and I had to talk my girl friend at the time (Burmese) and I (Canadian) through security, showing our itineraries for our next airport (Manilla).

Frankfurt has transit desks before security as I recall.

 

 

 

 

 

 

 

 

 

 

 

[wateryourroses 0]

10 hours ago, discoverusa said:

Please let us know how it went at the airport. 

Will do!

[manyfudge 291]

@wateryourroses, courage!

 

Remember - you have come SO far to apply for your masters, get accepted, line up funding.

 

Keep repeating to yourself as a meditation:

1) I am a permanent resident.

2) I have broken no laws

3) I was not consulted due to age when leaving US

4) I had no financial means of returning until now

5) The U.S. will be my home for good.

 

Good luck!

[Mike E 11,739]

5 hours ago, Mike E said:

Options

4. This month I learned there is a ferry service between Bahamas and Florida. Bahamas has a visa waiver for green card holders. I do not recommend flying from Bahamas to the U.S. because flights to U.S. go through CBP pre-clearance, meaning CBP could stop @wateryourroses from boarding the flight. British Airways flies to the Bahamas.

 

 

 

 

[JeanneAdil 6,498]

8 hours ago, wateryourroses said:

I am prepared for the CBP but the only issue I am now facing is immigration in Pakistan. I have asked through 3 different sources in the immigration office and all of them have told me that I will not be able to board the flight because I haven’t exited within 180 days, regardless of the airline. This has to do with the government body that controls immigration in Pakistan. 

 

If I book a round trip to Doha and then fly to the US, what if there are issues in immigration from Doha to US? I am not equipped to handle those as I don’t even speak the language or know anyone in Qatar. 

if u can buy the ticket with qatar all the way  and only transit in DOHA

we flew qatar out of moroc to Doha to Chicago

i am no longer familiar with qatar flights but we bought ours thru Cheapoair ,com

 

do u need a visa for Doha?

will they let u board for USA  on separate flight ?  maybe 

 

[JeanneAdil 6,498]

31 minutes ago, Mike E said:

4. This month I learned there is a ferry service between Bahamas and Florida. Bahamas has a visa waiver for green card holders. I do not recommend flying from Bahamas to the U.S. because flights to U.S. go through CBP pre-clearance, meaning CBP could stop @wateryourroses from boarding the flight. British Airways flies to the Bahamas.

 

 

 

 

i would not go anywhere near the lower Atlantic as we are to have a big hurricane season/ with a tropical storm Bret in the ocean now