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

[UKspouseUSwife 16]

Thanks so much for all this guys, really giving me hope I can fix this. 

 

I actually contacted many immigration lawyers yesterday in UK before my initial post and two were kind enough to give me a free ten minute consultation today. They mirrored what you have been saying in that I have two options:-

 

A) Don't fly next week, cancel the green card on a I-407 then when confirmation received of that then re-apply with a new spouse visa staring the whole awful process and am advised its taking up to 2 years at present?

 

B) Get on the flight to JFK and see what happens, Don't say anything to officer about any of this this unless asked. Take proof of intent to remain such as our US tax returns, proof of the new house purchase, proof of rental property in USA, SSN, interviews arranged for work/courses, tell them fact I have no clothes in suitcase as have all life there, marriage certificate (US citizen spouse will be with me),  return flight showing over 6 months later, proof of US funds and UK funds, proof of what I've been doing in UK to liquidate assets (building control completion notices for my UK houses) Anything else you suggest? I have an old US driving licence which expired in 2012?

 

They then saying worst can happen,  is I'm not allowed in but DONT get a refusal on my record, in that case just tell them I want to withdraw my application to enter, turn around and go get a flight home - reverting unfortunately to option "A" above 😞 One said if I get an NTA that could take years to get a Judge decision and I would effectively be stranded in USA until this happens? They say however a refusal or completing a I-407 doesn't  have any detrimental effect on a future application?

 

Same one also said I may not be allowed to board in UK by Airline check in Staff - Any advice if that happens? Ask for Supervisor? I've printed off the guidance issued to Airlines by USCIS (thanks Mike E).

 

One thing I don't understand amongst all the advice you kindly have given is to NOT sign I-407 if totally refused entry - I get it from the point that I would be lying If I declare " I have no intention of permanently residing in the US" or declare that I "already abandoned my prior LPR status by leaving the United States intending to make my permanent home abroad" neither of these are true as I fully wish to continue my residency and make USA my permanent home there and if refused entry I would be applying again asap. But if I complete the 407 at the border it seems its done with immediately, there and then instead of having to sent it to the US upon return to start "A" and then wait for confirmation of it before either visiting on an ESTA or completing another 1-130 which I'm told I can return on an ESTA while that is processed? Am I correct?

 

Can I ask for a Supervisor at border if entry is refused? 

 

Would you make conversation with Border Staff or simply "say hello how are you?" and present the green card (and UK passport?)

 

I don't know if there are Automatic booths at JFK but if get the chance would I be better trying to enter on these rather than seeing a person?

 

I will 100% let you know how I get on, which Ive seen is seldom done on here. Im so so worried that it seems to be down to who I get that day at the border and so annoyed that we made such a mess of this!

 

Thanks so much yet again

 

Paul

 

[Dashinka 24,653]

On the phone, so only answering the question on an airline not boarding you.  I don’t see any airline failing to board an LPR with a valid GC.  Airlines don’t know how long you have been outside the US.  Regardless, put a copy of the CBP Carrier Guide on your phone.  
 

https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019 Carrier Information Guide - ENGLISH.pdf

Good Luck!

Edited September 7, 2023 by Dashinka

[OldUser 7,010]

@UKspouseUSwife Option A - expect 2 years at best. It can take good 3 years easily. Once you sign I-407 you may not be able to get ESTA or may get denied B1/B2 visitor's visa. So all this time you have no guarantees you can visit the US. Even with B1/B2 visa, CBP can deny entry.

 

Option B - Once you enter the US you may have to pause your international travel until you become a citizen. That would be the safest approach. The second safest approach is to get I-131 re-entry permit. However, getting this permit stops the clock for US naturalization in many cases. You can try travelling overseas after spending 1+ year in the US, but I would not recommend this. You're not immune to NTA and only one grumpy CBP officer away from getting it.

 

If you receive NTA and leave the US, my understanding is, you'd deport yourself voluntarily. You may not be able to come back in this case. The whole point of staying in the US after getting NTA is to fight for your right to stay and keep LPR status.

 

Immigration often requires sacrifices. I think you should not take it lightly.

 

Good luck and keep us posted.

Edited September 7, 2023 by OldUser

[D-R-J 192]

If you were to need to restart the process, then I would look into DCF. Have your wife find a job in the US and then notify the embassy. It seems that they are accepting many petitions for people who have spouses relocating for jobs. This would speed up the timeline significantly.

[manyfudge 291]

I fly into JFK and Newark all the time from LHR.  You probably don’t have global entry (lovely - just facial recognition.

 

Try downloading mobile passport control (i never used it) but i think it is an expedited line too.

 

People denied boarding with valid cards fly from places like Pakistan with exit controls.  
 

You have no checkin. Get mobile boarding passes, and the only check will be boarding. I really doubt you will have issues at the gate with British passport and GC, with US wife.

[OldUser 7,010]

6 minutes ago, manyfudge said:

Try downloading mobile passport control (i never used it) but i think it is an expedited line too.

Isn't this only available to US citizens?

[Mike E 11,741]

3 hours ago, UKspouseUSwife said:

They then saying worst can happen,  is I'm not allowed in

These are not lawyers if they advised that.

 

As an LPR, legally you have to be admitted. https://www.aila.org/File/Related/18110604b.pdf

 

3 hours ago, UKspouseUSwife said:

Same one also said I may not be allowed to board in UK by Airline check in Staff - Any advice if that happens?

Happens all the time in Pakistan now, and rumors day sometimes in India.

 

Have never heard of it happening from

the UK

 

Advice: try a different airline, or get an eTA to fly to Canada, and enter by land or fly from Toronto Island airport to Newark.

 

3 hours ago, UKspouseUSwife said:

 

I don't know if there are Automatic booths at JFK but if get the chance would I be better trying to enter on these rather than seeing a person?

Yes.

 

 

[OldUser 7,010]

9 minutes ago, Mike E said:

These are not lawyers if they advised that.

I think this explains it:

3 hours ago, UKspouseUSwife said:

I actually contacted many immigration lawyers yesterday in UK before my initial post

I'm skeptical there's many good US immigration lawyers in the UK. I'd be looking for one based in the US, in the industry for many years, member of AILA etc.

[OldUser 7,010]

3 minutes ago, Old_Glory said:

Also available to LPR’s and Canadian citizens 

 

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

That's great to know. I wonder how it compares to Global Entry for LPRs. I guess will have to do some reading to avoid offtopic here

[Mike E 11,741]

17 minutes ago, OldUser said:

I think this explains it:

I'm skeptical there's many good US immigration lawyers in the UK. I'd be looking for one based in the US, in the industry for many years, member of AILA etc.

There in fact lawyers based in  Great Britain (sic)  who are members of AILA:

 

https://www.ailalawyer.com/english/SearchResult.aspx?practice=&prac=&language=0&lang=English&city=&state=&st=&country=3&cy=Great Britain&zip=&miles=100&last=

 

Zero from Northern Ireland though.

 

 

[OldUser 7,010]

4 minutes ago, Mike E said:

There in fact lawyers based in  Great Britain (sic)  who are members of AILA:

 

https://www.ailalawyer.com/english/SearchResult.aspx?practice=&prac=&language=0&lang=English&city=&state=&st=&country=3&cy=Great Britain&zip=&miles=100&last=

 

Zero from Northern Ireland though.

 

 

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.

[Boiler 45,761]

There are plenty of good US Immigration Lawyers in the UK https://www.us-visa.co.uk/ is the one I usually mention.

 

I have seen quite a few US based Immigration Lawyers say a LPR can be refused entry so not sure how that makes much difference.

 

I agree with other comments, you have been playing fast and loose with your status, you need to stop it now.

[Boiler 45,761]

12 hours ago, UKspouseUSwife said:

And my intention was to start the three year process on that basis - wanted some time in UK to get things tied up here and sold,

 

If I can get in next week I was planning to stay there from next week till March 28th then come back for few months to get a house ready to sell then return and do another 

The tax implications of this, well Uncle Sam could be very happy.

[manyfudge 291]

@UKspouseUSwife, mobile passport control is the way to go.  You go to global entry line at jfk.

 

https://reddit.com/r/Flights/s/aj9xut6emT

[Mike E 11,741]

16 minutes ago, manyfudge said:

@UKspouseUSwife, mobile passport control is the way to go.  You go to global entry line at jfk.

 

https://reddit.com/r/Flights/s/aj9xut6emT

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