risk of abandonment

[Piquet 0]

Hi everyone, I've been outside the USA for 5 years and I want to return to the country in 1 week. I've read several successful return cases but I wanted some information about the worst case scenario.

 

1- If CBP makes me sign form I-407, and I sign it, will I be automatically deported, or will I be able to enter the country?

 

2- If CBP gives me an NTA and I don't want to fight in court, what should I do? Can I enter the country and abandon the GC myself to avoid going to court? (I have no interest in fighting in court)...what should I do to avoid any judge in the future issuing a deportation letter for me?

 

3- can they just arrest me at the airport, or something like that? ( I never committed a crime )

 

Im gonna be honest. I wanna stay in the USA , but I don't wanna have to deal with lawyers or judges, in this case I prefer to just leave the country.... BUT if I lose the GC I do want to be able to apply for a Tourist visa in the future...please let me know how I can improve my chances of getting a tourist visa in the future if situation 1 or 2 happens to me

 

🥰

 

 

Edited September 30, 2023 by Piquet
new info

[Mike E 11,739]

1. CBP cannot legally force you to sign I-407

 

2. You can not go to trial and just leave the U.S.  Don’t expect to be admitted to the U.S. again, at least not without spending a holiday in ICE detention.

 

3. They have guns so physically possible. I have never heard of an LPR found by CBP to have abandoned status to be held for detention. I do not know if that would be legal.

 

 

[Piquet 0]

2 minutes ago, Mike E said:

1. CBP cannot legally force you to sign I-407

 

2. You can not go to trial and just leave the U.S.  Don’t expect to be admitted to the U.S. again, at least not without spending a holiday in ICE detention.

 

3. They have guns so physically possible. I have never heard of an LPR found by CBP to have abandoned status to be held for detention. I do not know if that would be legal.

 

 

 

Thank you Mike....so in case they give me a NTA, and I leave the country ( not going to court ) I cant come back with a tourist visa in the future?... there's no way around that???

 

Coz then I think would be better to just sign i-407?? 

 

 

[Crazy Cat 41,886]

Honestly, you don't sound like you want to live in the US.  Just send in your Green Card with an I-407, then apply for a tourist visa.  

[Mike E 11,739]

3 minutes ago, Piquet said:

 

Thank you Mike....so in case they give me a NTA, and I leave the country ( not going to court ) I cant come back with a tourist visa in the future?... there's no way around that???

I am not going to advise you on how to evade a federal summons.

 

3 minutes ago, Piquet said:

 

Coz then I think would be better to just sign i-407?? 

 

 

You can request to sign at the port of entry.
 

Some ports will refuse to accept an I-407,  some will give you the forms to sign and admit you as a returning resident, and some will accept the form and depending on the case:

 

* admit you on a B status,  

 

* let you withdraw your application to enter the U.S. You might be grabned a tourist visa of you apply later. Or

 

* perform expedited removal, which carries a 5 year ban. A tourist visa, after the ban is finished,  is improbable.

 

Sounds like you want to optimize for the worst case. That is not a generally successful way to live.

[Piquet 0]

16 minutes ago, Mike E said:

I am not going to advise you on how to evade a federal summons.

 

You can request to sign at the port of entry.
 

Some ports will refuse to accept an I-407,  some will give you the forms to sign and admit you as a returning resident, and some will accept the form and depending on the case:

 

* admit you on a B status,  

 

* let you withdraw your application to enter the U.S. You might be grabned a tourist visa of you apply later. Or

 

* perform expedited removal, which carries a 5 year ban. A tourist visa, after the ban is finished,  is improbable.

 

Sounds like you want to optimize for the worst case. That is not a generally successful way to live.

 

Mike thanks for the answers

 

I have serious panic syndrome and that's why I'm so afraid of facing CBP, judges, court...I also didn't want to fight in court because I have sick elderly parents in France and I want to be free to be able to leave/enter the country when I need to

 

It seems to me that the safest way for me to obtain a tourist visa in the future is to abandon the GC here in France?

[SalishSea 17,835]

18 minutes ago, Piquet said:

 

Mike thanks for the answers

 

I have serious panic syndrome and that's why I'm so afraid of facing CBP, judges, court...I also didn't want to fight in court because I have sick elderly parents in France and I want to be free to be able to leave/enter the country when I need to

 

It seems to me that the safest way for me to obtain a tourist visa in the future is to abandon the GC here in France?

Well yes, except in one of your comments you state that you want to live in the US.   So which is it?   You need to decide.  

You can’t use a B to live in the US, and you can’t spend years away and expect to keep the green card.   If you had used the green card properly, you could have been a citizen by now, which would enable you to have the back and forth lifestyle.

[Piquet 0]

2 minutes ago, SalishSea said:

Well yes, except in one of your comments you state that you want to live in the US.   So which is it?   You need to decide.  

You can’t use a B to live in the US, and you can’t spend years away and expect to keep the green card.   If you had used the green card properly, you could have been a citizen by now, which would enable you to have the back and forth lifestyle.

 

If I receive an NTA can I leave the US and return if I need to? because from what I understand , they keep my GC, so I can't travel

 

[SalishSea 17,835]

3 minutes ago, Piquet said:

 

If I receive an NTA can I leave the US and return if I need to? because from what I understand , they keep my GC, so I can't travel

 

Right, you’d have no evidence of status, so no.

 

Or are you referring to returning on VWP?

Edited September 30, 2023 by SalishSea

[Crazy Cat 41,886]

3 minutes ago, Piquet said:

 

If I receive an NTA can I leave the US and return if I need to? because from what I understand , they keep my GC, so I can't travel

 

Answer this:  In what country do you plan to reside???

[Piquet 0]

24 minutes ago, Crazy Cat said:

Answer this:  In what country do you plan to reside???

 

 

27 minutes ago, SalishSea said:

Right, you’d have no evidence of status, so no.

 

Or are you referring to returning on VWP?

 

 

I know its very confusing :s

 

yes, I want to live in the USA...but lets be honest, if they give me NTA its gonna be almost impossible for me to prove that I did not abandon my residence....and then Im gonna get deported, and then Im never gonna be able to visit the US again.

 

Also I read the sometimes the Courts takes years....during all those years I can't leave the US and come back....that's what I understood....and I have elderly parents that I need to visit.

 

I have a house and lots of friends in the US. I don't wanna be banned to enter the country..... I don't wanna go to the US now, to get deported in 2 years by a judge...and never be able to come back again.

 

That's why Im considering to just give up my GC now, here in France....to maximize my chances to get a B visa...

 

I know its crazy I hope you understand me

 

 

 

 

[Boiler 45,525]

Most French are eligible for the VWP.

 

They can not refuse you admission they can detain you pending a hearing in front of an IJ

[Piquet 0]

5 minutes ago, Boiler said:

Most French are eligible for the VWP.

 

They can not refuse you admission they can detain you pending a hearing in front of an IJ

 

what do you mean by "detain you"? ....now Im even more confused :S

[Boiler 45,525]

Hold you in custody.

[Crazy Cat 41,886]

7 minutes ago, Piquet said:

 

what do you mean by "detain you"? ....now Im even more confused :S

Hold you in a cell.  I don't think you want that.

Edited September 30, 2023 by Crazy Cat