Returning on a Greencard after a 12 year absence? Left due to parental divorce

[starryairplane 0]

 

Hello everyone,

I'm in a challenging situation and seeking advice on how to proceed. I have wanted to return to the US ever since leaving but only realized I could attempt the below recently, I'm aware it will be a long shot. Here’s an overview of my situation: ( I appreciate it's a lot but any advice would be really welcome ❤️)

 

My Plan to Re-enter with expired LPR card
I recently got hold of my expired Green Card and am considering re-entering the US with it and an I-90 form showing I'm renewing the Green Card. I’m also thinking about bringing my US citizen father along to help demonstrate my ongoing ties to the US during the inspection process. I have emails justifying my embassy visit in 2019 that I could show as well.

 

- I lived in the US from 2004 to 2011 and received my Green Card in 2008.
- In 2011, my parents separated, and I moved back to France when I was 12.
- Since then, I’ve lived in France and the UK. I'm now 25 years old.
- My father and brother are US citizens (my father naturalized in 2013).
- My father attempted to secure a US passport for me in 2013, but it fell through due to my mother's refusal to sign the necessary documents. (under INA 322?)
- I visited the US in 2016 with my Green Card while traveling with my father and brother. We entered the US after secondary inspection, with my father explaining our intention to return permanently. -> parents had a custody agreement at the time. 
- I applied for a US passport in 2019, but the consulate turned it down, stating I wasn’t eligible.

 

 

My questions regarding the Green Card & entering with it:

   - What documentation should I prepare to demonstrate my continuous ties to the US ? I'm in the process of regularizing my tax situation.

   - Anything I should be aware of? I've been told good case is filing a 193 waiver at entry. I'm aware there's a large chance of being presented with a court date.

   - If this attempt fails, could it affect my chances of obtaining something like a student visa later on?

 

Derivative citizenship route:

I was also made aware of an argument for derivative citizenship by means of having entered the US after my father naturalized. From reading I'm unsure but is this something I can pursue prior to attempting my trip? My questions for this are:

  - Given my father’s naturalization in 2013, are there any potential pathways for me to apply for US citizenship?
   - Could my 2016 visit to the US be leveraged in any way to support my case for citizenship?

 

 

For both routes are there any legal strategies that might improve my chances of re-entering the US or obtaining citizenship if eligible?

 

Key info summary:

-Residence in the US: 2004-2011
- Green Card Obtained: 2008
- Moved to France: 2011
- Father’s Naturalization: 2013

- US Visit: 2013 (entered with Green Card & reentry permit) 2 weeks at dad's home.

- US Visit: 2016 (entered with Green Card) 3 weeks in airbnbs traveling
- US Passport Application: 2019 (application not accepted by consular officer)

[Dashinka 24,494]

Not sure about the rest, but as far as entering, you might want to try a land border with your expired GC and I90 receipt.  Also, if you have proof of your plans to reside in the US, rental agreement, mortgage, etc., I would have that handy.

 

Good Luck!

[Timona 4,207]

Didn't you not already post this on Reddit?

 

https://www.reddit.com/r/immigration/s/TujlQP0LSz

[starryairplane 0]

5 minutes ago, Timona said:

Didn't you not already post this on Reddit?

 

https://www.reddit.com/r/immigration/s/TujlQP0LSz

I did! Got some good advice already but someone recommended asking here as well, specifically about the citizenship question. Just wanted to see if there were any other opinions on a dedicated forum.

[OldUser 6,660]

This doesn't look too promising. CBP will likely issue NTA. I don't see many ties to the US in your case. You are not up to date on US taxes, you didn't have residence or job in the US for years and didn't even set the foot on US soil for 8 years.

[Ontarkie 14,221]

You did not derive US citizenship as you were not in your father's custody and a PR. 

[Timona 4,207]

If you enter, best to remain put and apply for citizenship in 5 years before leaving again. Will sort you out on any future problems. 

 

With expired GC, fly to Canada and cross border. Not sure if you'll need Canadaian visa, but if so, get one. 

 

No need to bring your dad. Won't help with any of this