Allowed entry but parolled

[NDmomof4 1]

My husband is a UK citizen, I'm an American citizen, we moved to Germany a year ago and need to move back to the US. We were not aware we were supposed to formally abandon my husband's green card when we moved out of the US to the UK in 2016. I don't think he would owe any exit taxes (does that affect the application?). We don't have any connections to the US anymore other than my grown child (husband's stepchild) and some family in the state we intend to move back to, no bank accounts etc. Yes, short sighted at the time but we had no way of knowing things would turn out so badly moving out of the US, and to be perfectly honest we were ignorant of the fact that we would need to keep applying to extend our stay outside the US.

 

Our situation: we have 3 children together, all under 18, 2 diagnosed autistic, 1 ADHD, married 16 years. Everyone's mental health here is suffering greatly, but particularly myself and my 17 year old. Due to the children all being disabled, as well as myself, my husband is the only one able to work, and I need him with me to help care for the children. I really cannot stress enough how much I need my husband with me, but I cannot stay here in Germany much longer or I will have a mental breakdown. My 17 year old is also suffering immensely.

 

Would this be enough to be considered an exceptional circumstance so we can go with DCF? And can we get approved for my husband to live and work in the US while we wait for his green card this way? Is there any way to know how much time it will take?

[Crazy Cat 41,813]

Does he have a Green Card now? Are all the children US citizens?

[D-R-J 192]

If he has an unexpired green card, then I would board a plane and come back to the US. I’m assuming children are citizens or also have unexpired green cards.

[NDmomof4 1]

13 minutes ago, Crazy Cat said:

Does he have a Green Card now? Are all the children US citizens?

The children are all citizens, we will need to renew their US passports. My husband's green card unfortunately expired in 2019.

[Crazy Cat 41,813]

3 minutes ago, NDmomof4 said:

My husband's green card unfortunately expired in 2019.

Was it a 2 year Green Card or a 10 year Green Card?

Edited November 10, 2023 by Crazy Cat

[NDmomof4 1]

1 minute ago, Crazy Cat said:

Was it a 2 year Green Card or a 10 year Green Card?

It was a 10 year green card, we left the US in 2016. We did everything ourselves, so no one told us about options to keep his green card if we decided we wanted to move back to the US. 😕

[Crazy Cat 41,813]

26 minutes ago, NDmomof4 said:

It was a 10 year green card, we left the US in 2016. We did everything ourselves, so no one told us about options to keep his green card if we decided we wanted to move back to the US. 😕

Does he have the expired Green Card?

[NDmomof4 1]

1 minute ago, Crazy Cat said:

Does he have the expired Green Card?

Yes, we kept it just in case. I've read through the SB-1 eligibility, but I don't think we qualify because while we left for my husband to have a new job in the UK, it wasn't his employer that made him move. I don't think we could prove it wasn't our responsibility.

[Crazy Cat 41,813]

8 minutes ago, NDmomof4 said:

Yes, we kept it just in case. I've read through the SB-1 eligibility, but I don't think we qualify because while we left for my husband to have a new job in the UK, it wasn't his employer that made him move. I don't think we could prove it wasn't our responsibility.

I would not apply for the SB-1.  According to this link, he can board a flight with an expired 10 Year Green Card.  It will be a roll of the dice when he gets to the US.  He will be admitted.....but CBP could refer him to appear before a judge at some point.  Then, he can make a case, if needed.  Once in the US, I would IMMEDIATELY file an I-90 to renew that Green Card.

 

Reminder- LPR Boarding 20210305.pdf (cbp.gov)

 

I would return to the US ASAP.  I would act immediately.  @Boiler, your thoughts?

Edited November 10, 2023 by Crazy Cat

[Crazy Cat 41,813]

We see cases just like this from time to time.  Please keep us updated as it will help other in the future.....and welcome to Visa Journey.

[NDmomof4 1]

1 minute ago, Crazy Cat said:

I would not apply for the SB-1.  According to this link, he can board a flight with an expired 10 Year Green Card.  It will be a roll of the dice when he gets to the US.  He will, likely, be admitted.....but CBP could refer him to appear before a judge.  Then, he can make a case, if needed.  Once in the US, I would IMMEDIATELY file an I-90 to renew that Green Card.

 

Reminder- LPR Boarding 20210305.pdf (cbp.gov)

 

So it would be up to the ECO at the port of entry? Do you know if he went before a judge for removal proceedings how liklely they'd take our circumstances into account, and if it would negatively impact a potential future application for a new green card? It's been an incredibly difficult journey for our family, we wanted to go back for a long time but we literally couldn't afford it.

[Crazy Cat 41,813]

4 minutes ago, NDmomof4 said:

So it would be up to the ECO at the port of entry? Do you know if he went before a judge for removal proceedings how liklely they'd take our circumstances into account, and if it would negatively impact a potential future application for a new green card? It's been an incredibly difficult journey for our family, we wanted to go back for a long time but we literally couldn't afford it.

I see no negative impact on a future GC application.  I think there is a good chance of success (but I am not a judge or attorney).  Others, here, might have more thoughts.  Personally, I would return to the US soon.

Edited November 10, 2023 by Crazy Cat

[Crazy Cat 41,813]

CBP might just say "Renew your Green Card.  Welcome home".

[NDmomof4 1]

1 minute ago, Crazy Cat said:

I see no negative impact on a future GC application.  I think there is a good chance of success (but I am not a judge or attorney).  Others, here, might have more thoughts.  Personally, I would return to the US soon.

Thank you. You've given me a lot of hope. What would you call 'soon'? We have to get the kids' passports and we have an elderly dog we won't be able to take with us, we were hoping for one last Christmas before we had to put him down.

[D-R-J 192]

It seems to me like you priority is getting back to the US. You can deal with whatever afterwards. I haven’t seen posts about people getting notices to appear and I’m guessing  it’s extremely unlikely. They would be swamped with cases with people abroad due to COVID. I just doesn’t seem like it’d be a priority with the backlog in immigration cases.