URGENT! Think Ive made a big mistake with my green card

[top_secret 2,421]

Mobile Passport for LPR's is a very recent and welcome phenomenon.  Previously it was strictly for only US or Canadian Citizens. 

[UKspouseUSwife 16]

7 hours ago, Old_Glory said:

Also available to LPR’s and Canadian citizens 

 

https://www.cbp.gov/travel/us-citizens/mobile-passport-control

 

That link says you still have to see a CPR

 

Will I still have to go through the processing lines if I use MPC?

Yes, travelers will still be processed by a CBP officer. Travelers using MPC will be directed to a specific processing lane for a streamlined entry process.

[manyfudge 291]

5 hours ago, UKspouseUSwife said:

travelers will still be processed by a CBP officer. Tr

Yes, but I can tell you the officer just asks your name - most of the time does not even look at ID.  
 

I have flown Europe to JFK/EWR at least 10 times in the last 4.5 years on global entry.  
 

6 times since March 2020.  Maybe more.

 

3 times in the last 8 months.

Edited September 8, 2023 by manyfudge

[UKspouseUSwife 16]

8 hours ago, manyfudge said:

Yes, but I can tell you the officer just asks your name - most of the time does not even look at ID.  
 

I have flown Europe to JFK/EWR at least 10 times in the last 4.5 years on global entry.  
 

6 times since March 2020.  Maybe more.

 

3 times in the last 8 months.

Thanks for the response - are you on a LPR card? I wont be on Global Entry as not had the interview etc and that could do more harm at moment but will try the MPC as suggested, anyone know what the questions are they ask on MPC - hopefully not "how long have you been out of US!!!

[UKspouseUSwife 16]

19 hours ago, Mike E said:

JFK is now officially the go to station for any LPR not living the U.S. as well as any CPR.

Thanks yet again Mike E but the last reddit comment doesnt sound encouragin only a month ago!

 

 

 

"They do, but don’t have anyone working on the booth for it… so I have to go on the normal line"

[UKspouseUSwife 16]

On 9/7/2023 at 3:36 PM, manyfudge said:

As @Mike E says, you should be fine to return.  The record here was 9 years out of the US with expired card and green card renewal receipt.

 

You have a 10 year GC and I assume you were filing US tax returns (not that matters at the border so much) and you are flying from UK - you should be fine.

 

Do NOT sign i-407.

 

If you absolutely have to leave March 2024, I would file i-131 reentry permit as soon as you land and do the biometrics.

Make it for 2 years.

 

You don’t HAVE to use i-131 but it will make your life easier when you go back and forth.  Never leave again without i-131 field and biometrics done.

 

LOOKING AT THE I-131 FORM PART 5 ASKS HOW LONG IVE BEEN OUT OF US WHILE HAVING A LPR TO WHICH I WOULD HAVE TO TICK THE BOX "3 TO 4 YEARS RIGHT NOW, WOULDNT GOING THIS OR MAKING THIS FOR 2 YEARS LOOK REALLY BAD ON TOP OF THE 3 /12 YEARS iVE BEEN OUT ALREADY? CAN THAT TAKE THINGS FURTHER WITH THIS APPLICATION AND GET MY LPR REMOVED OT SOMETHING?

 

 

 

On 9/7/2023 at 3:36 PM, manyfudge said:

If you are a risk taker type, I would file for N400 at the 3 year mark.  Document and be truthful about your absences and make it clear that you reside in the US and were taking care of business in UK.   The danger here is that the N400 form  will look at  your last FIVE years.  So they may end up saying that you lost your GC.  
https://www.uscis.gov/sites/default/files/document/forms/n-400.pdf

page 7.

 

Less risky is to wait 5 years to apply.

 

THANKS AGAIN - I GUESSWILL HAVE TO WAIT TILL i HAVE MORE THAN 50% OF THE LAST FIVE YEARS NOW AFTER MAKING THIS SILLY MISTAKE. WHEN I PHONED THE US EMBASSY LONDON THEY SAID THAT I WOULD HAVE BEEN INFORMED OF THE LPR CONDITIONS AT MY INTERVIEW??? THATS COMPLETELY UNTRUE. iF I DID APPLY AFTER 3 YEARS AND EXPLAINED I WAS UNAWARE OF THE 1 YEAR OUT CONDITION AND IT GOT REFUSED, WOULD THAT GO AGAINST ME IF I APPLIED AGAIN AT THE FIVE YEAR POINT AS SUGGESTED?

 

 

[OldUser 6,663]

1 hour ago, UKspouseUSwife said:

 

LOOKING AT THE I-131 FORM PART 5 ASKS HOW LONG IVE BEEN OUT OF US WHILE HAVING A LPR TO WHICH I WOULD HAVE TO TICK THE BOX "3 TO 4 YEARS RIGHT NOW, WOULDNT GOING THIS OR MAKING THIS FOR 2 YEARS LOOK REALLY BAD ON TOP OF THE 3 /12 YEARS iVE BEEN OUT ALREADY? CAN THAT TAKE THINGS FURTHER WITH THIS APPLICATION AND GET MY LPR REMOVED OT SOMETHING?

 

 

 

 

1. You should file I-131 after you successfully enter US. I wouldn't file it now.

2. You have to be direct and truthful in any immigration paperwork. If you were out for 3-4 years you need to say 3-4 years. If you were out for over 4 years, check that box.

 

Note the following wording in part 9:

 

"I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it is all true and correct. I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs  to determine eligibility for the benefit I am seeking."

 

If you lie, you can get in a big trouble.

 

 

 

Edited September 8, 2023 by OldUser

[UKspouseUSwife 16]

22 hours ago, OldUser said:

17 in the entire UK is not a lot Would be interesting if @UKspouseUSwife spoke to one of them, which probably wasn't the case.

Thanks "OldUser" I spoke to an American Attorney at the firm Mike E mentioned - Flynn Hodkinson Ltd., not Janie Flynn herself - the Lady he mentioned, but another Senior Partner and a member of AILA, a member of New York State Bar and serves on the EMEA Rome District Chapter’s Government Liaison Committee

[UKspouseUSwife 16]

22 minutes ago, OldUser said:

1. You should file I-131 after you successfully enter US. I wouldn't file it now.

2. You have to be direct and truthful in any immigration paperwork. If you were out for 3-4 years you need to say 3-4 years. If you were out for over 4 years, check that box.

 

Note the following wording in part 9:

 

"I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it is all true and correct. I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs  to determine eligibility for the benefit I am seeking."

 

If you lie, you can get in a big trouble.

 

 

 

I wouldn't dream of lying at all, I just meant wouldn't being out so long already go against any success in getting a re-entry permit?

[OldUser 6,663]

12 minutes ago, UKspouseUSwife said:

I wouldn't dream of lying at all, I just meant wouldn't being out so long already go against any success in getting a re-entry permit?

Well if you don't get re-entry permit for whatever reason, you'd have to stay in the US until you naturalize and hope USCIS won't start removal proceedings. Or you could travel with great chance you will be stopped by CBP and given NTA.

 

Either way, I don't think you can expect the same flexible, risk-free travel as you had before. Being out of the US for too long as an LPR can have negative consequences.

 

 

Edited September 8, 2023 by OldUser

[Mike E 11,739]

2 hours ago, UKspouseUSwife said:

LOOKING AT THE I-131 FORM

I-131 cannot be filed while outside the U.S.  If it is, jt will be denied. Not only must it be filed while inside the U.S., you cannot leave the U.S. until the I-131 receipt is sent by USCIS. If you leave before  the receipt is sent, I-131 will be denied.

Edited September 8, 2023 by Mike E

[Melc 138]

It is also worth noting that the validity period of the re-entry period is based on how much time you have spent outside of the US before the application. You might be looking at 1-year validity permits with your absence. 

Edited September 9, 2023 by Melc

[UKspouseUSwife 16]

On 9/7/2023 at 3:36 PM, manyfudge said:

As @Mike E says, you should be fine to return.  The record here was 9 years out of the US with expired card and green card renewal receipt.

 

You have a 10 year GC and I assume you were filing US tax returns (not that matters at the border so much) and you are flying from UK - you should be fine.

 

Do NOT sign i-407.

 

 

 

 

 

Both 'Mike E' and 'many fudge' have replied that I should NOT sigh the i-407 form if challenged at border and told to sign it.

 

How can I not  do that if they are insisting I have to or wont let me in unless the only option they give me is a B!/B2 IF a sign I-407? people have said withdrawing from entry application is a bad thing so not sure here?

 

Sorry to go over this again but I want to be sure I fully understand the best thing to do when I get there if not let through at JFK. 

 

What about my Wife (Us Citizen and UK Citizen) should she go up to booth with me as my sponsor? Dont want to get in situation where shes past the border and Im not as we obviously want to remain together whether granted into US or unfortunately on flight back to UK, should she hang back from border until I get through?

 

Thanks again guys, getting closer now.......yikes

[Dashinka 24,498]

8 minutes ago, UKspouseUSwife said:

 

Both 'Mike E' and 'many fudge' have replied that I should NOT sigh the i-407 form if challenged at border and told to sign it.

 

How can I not  do that if they are insisting I have to or wont let me in unless the only option they give me is a B!/B2 IF a sign I-407? people have said withdrawing from entry application is a bad thing so not sure here?

 

Sorry to go over this again but I want to be sure I fully understand the best thing to do when I get there if not let through at JFK. 

 

What about my Wife (Us Citizen and UK Citizen) should she go up to booth with me as my sponsor? Dont want to get in situation where shes past the border and Im not as we obviously want to remain together whether granted into US or unfortunately on flight back to UK, should she hang back from border until I get through?

 

Thanks again guys, getting closer now.......yikes

CBP cannot force you to sign the I407.  Worst case scenario is you could be detained, but I highly doubt that will happen based on your story.  I would recommend you do enter as a family.

[UKspouseUSwife 16]

1 hour ago, Dashinka said:

CBP cannot force you to sign the I407.  Worst case scenario is you could be detained, but I highly doubt that will happen based on your story.  I would recommend you do enter as a family.

 

Thanks for the reply. But what is the advantage of not signing the 407 if they wont let me in?

 

As I understand it if I cant get in I will have to start the I-130 nightmare again and I cant start that without signing the 407 and waiting for written confirmation of that?

 

I am also not able to get an ESTA at any point without the confirmation also but could get one after starting the I-130

 

Im told signing the 407 at the border makes it instant instead of having to wait months after sending it in to get written confirmation

Edited September 11, 2023 by UKspouseUSwife