Allowed entry but parolled

[Boiler 45,445]

Until we know what he did 

 

He went through Ireland?

[NDmomof4 1]

Yes, he went through Ireland. He didn't sign anything but the officer took his card and said he couldn't have it, that he had to permanently surrender it or apply for a waiver. 

[Boiler 45,445]

There is no waiver, probably referred to an IJ.

[Crazy Cat 41,812]

"Yes, he went through Ireland. He didn't sign anything but the officer took his card and said he couldn't have it, that he had to permanently surrender it or apply for a waiver."

 

You might want to read this about options:

What are a green card holders’ rights if they get stuck at the airport when returning to the U.S.? - Law Offices of Atty Michael Gurfinkel - Immigration Law, Non Immigrant Visas, Family Based Petitions, Immigration Corner, Employment Based Petitions

 

 

Edited March 25 by Crazy Cat

[NDmomof4 1]

28 minutes ago, Crazy Cat said:

"Yes, he went through Ireland. He didn't sign anything but the officer took his card and said he couldn't have it, that he had to permanently surrender it or apply for a waiver."

 

You might want to read this about options:

What are a green card holders’ rights if they get stuck at the airport when returning to the U.S.? - Law Offices of Atty Michael Gurfinkel - Immigration Law, Non Immigrant Visas, Family Based Petitions, Immigration Corner, Employment Based Petitions

 

 

 

 

Thank you for that information. I was wondering how we could still prove his LPR. So we can still file for the renewal from here? 

 

I'll get better details when he gets here, but from what I was told he was given 'parole', which I guess means he wasn't officially allowed entry but was allowed in because he had our minor child with him. 

[Boiler 45,445]

Depends whta happened, you can file to adjust as a defensive issue.

[NDmomof4 1]

34 minutes ago, Boiler said:

There is no waiver, probably referred to an IJ.

 

Is IJ an immigration judge? He didn't mention that, I'm wondering if he meant the SB1. 

Just now, Boiler said:

Depends whta happened, you can file to adjust as a defensive issue.

 

 

Ok thank you, I'll look into that. 

[Crazy Cat 41,812]

10 minutes ago, NDmomof4 said:

So we can still file for the renewal from here? 

Need to know if he signed an I-407.  If he signed to surrender his status, I see no alternative other than to start over by filing for adjustment of status.  Once a proper I-485 is filed, he will be granted authorized stay in the US until the I-485 is either approved or denied.  A competent immigration attorney might be warranted now. 

Edited March 25 by Crazy Cat

[Boiler 45,445]

SB1 you apply for at a Consulate outside the US.

[NDmomof4 1]

1 hour ago, Crazy Cat said:

Need to know if he signed an I-407.  If he signed to surrender his status, I see no alternative other than to start over by filing for adjustment of status.  Once a proper I-485 is filed, he will be granted authorized stay in the US until the I-485 is either approved or denied.  A competent immigration attorney might be warranted now. 

 

He said he didn't sign anything, thankfully. 

[NDmomof4 1]

1 hour ago, Boiler said:

Depends whta happened, you can file to adjust as a defensive issue.

 

I tried to google that, but only find how to file I-90. Would you mind explaining what that is for me please? thanks in advance

[NDmomof4 1]

Ok so I will try to relay the information as accurately as I can. 

 

My husband went through Ireland, and the CBP officer saw his green card (he accidentally had it in his passport). The woman said 'oh you have a green card you can go.' but she was going to scan it so he told her it was actually expired, and it all went downhill from there. 

 

He was told to go to a review room, the woman didn't ask him why he was traveling, just straight up said 'So I hear you want to surrender your green card.' My husband had never once said that at any point, and replied to the woman that no, he had no intention of giving up his green card. 

 

She then said he had 2 options, surrender his green card, or apply for SB1. Then she said he could ask for a waiver, but that her boss would have to accept it, he'd boss's boss would have to accept it, then it would have to go to a federal judge and that it would take a really long time. She then said there was some 4th option he can't remember. 

 

My husband was very concerned about getting our autistic teenager home to the US so he said he'd go for the waiver. The CBP officer said it should automatically be approved because he has no criminal record and never asked for a waiver before. 

 

She then said her boss probably wasn't around but she'd try. Then she came back saying her boss was there, but that he'd denied the request. No reason was given. 

 

My husband tried showing the government website printout saying 10 year green card holders shouldn't be denied even if it's expired, she said that's for 6 months not 8 years (his card has been expired 4 not 8). 

 

She then told him he had to give her his green card regardless of what else might happen. 
 

She told him she would give him until May 31st, that it doesn't change his immigration status in any way, and that if he stayed beyond May 31st, they may permanently ban him from the country. 

 

He never signed anything and he wasn't given anything other than a printout about how to apply for an SB1. 

 

His passport has a stamp that says Paroled until May 31, 2024 Purpose DT'

 

Theres a number written by hand below that. 

 

And not that this is anything but it upset me, the CBP officer was rude to my teenager once she found out he's autistic. Nice. 

 

So with all that information, does anyone know if he can still file an I-90 from here? She said it doesn't change his immigration status.

 

If that's not possible, could he apply for I-90 from England and get the stamp to come over from the USCIS field office at the London embassy? 

 

I'd really like to avoid starting over. I need my husband here. 

 

I also need to add the CBP officer never said immigration judge she just called it a federal judge, so my husband had no idea that's what she meant. 

Edited March 26 by NDmomof4

[Boiler 45,445]

On what basis was he trying to enter?

 

There is no waiver which is why the question presumably died.

 

They cannot deny him entry they can take his GC and refer him to an IJ.

 

Wonder of he will get a NTA.

 

I am not sure she did it right or there is something missing, taking what we have the I 90 could be the way to go.

[Crazy Cat 41,812]

25 minutes ago, NDmomof4 said:

She told him she would give him until May 31st, that it doesn't change his immigration status in any way, and that if he stayed beyond May 31st, they may permanently ban him from the country. 

Sounds like no I-407 was signed.  Therefore, he is still a legal resident.  I don't think the officer handled this correctly. Personally, I would file the I-90 online immediately.  I don't understand why he would have to leave the US. 

 

27 minutes ago, NDmomof4 said:

If that's not possible, could he apply for I-90 from England and get the stamp to come over from the USCIS field office at the London embassy? 

There is no USCIS field office in London. 

[Crazy Cat 41,812]

32 minutes ago, NDmomof4 said:

I'd really like to avoid starting over. I need my husband here. 

Even if he had to file an I-485 to start over, he would not have to leave.

Edited March 26 by Crazy Cat