LPR returning after 5 years (Merged threads)

[RmiT 0]

Hello,
I am a Canadian citizen with US Green Card that I obtained through my parents in 2013. I lived in the US up until COVID.
Long story short, primarily COVID caused a shift in plans in life from one thing to another (University in Canada-> temp work due to covid-> marriage -> complicated pregnancy ->baby), which led to me being outside of the US for 5 years-- it will sound like excuses, excuses, excuses.... but this was never my intention.

I had furthermore considered a reentry permit (which would've been my 2nd time), but that was not feasible being locked down in Canada and studying/working. Then my GC expired in 2023 so I applied for i90, but biometrics was around the time of my wedding in another country. So I no showed for that and thought it was the end of the world.

Fast forward to May 2024, I received a notification from USCIS that they've taken action to my i90 application. Turns out, they I guess reused my biometrics from my 2015 reentry permit (I only figured this out because the photo on my GC was from that time) and approved the renewal of my 10 year GC (expires 2034). I have the new card in hand.

Now, I am planning on entering the US through land border with my US Citizen parents and my baby next week. I understand 5 years is a long time, but I had no intentions to leave the US forever. I don't know how things will turn out. I am going to try my best to be honest and firm ensuring to not sign anything. Not sure what visa my baby will get considering my lengthy stay outside of the US. 
 

i have always declared residency in the Us. Maintained ties to the US with bank accounts, church involvement, taxes are being attended by cpa. I dont have a car or home. So not having a car made it more difficult to freely go down to the states. 
 

Anyhow,
What are the chances of CBP referring a NTA? I have not yet seen any stories of NTAs for extended absences of LPRs. Has anyone been granted a GC renewal without biometrics? Would it have been a one off??? Any guidance would be greatly appreciated. 
thank you so much

Edited July 4 by Crazy Cat

[OldUser 6,466]

3 minutes ago, RmiT said:

Anyhow,
What are the chances of CBP referring a NTA? I have not yet seen any stories of NTAs for extended absences of LPRs. 

There's definitely a chance of getting NTA. Not >90% positive chance.

But definitely not 1%.

 

Most likely you'll be able to enter the US without NTA.

 

If you enter, don't plan on travelling back and forth, just stay put until you naturalize.

 

Good luck!

 

[OldUser 6,466]

7 minutes ago, RmiT said:

Has anyone been granted a GC renewal without biometrics? Would it have been a one off??? 

Based on what I read on VJ so far, it's not a unique case. It happens.

[Crazy Cat 41,601]

***Original post edited to change font color***

[milimelo 4,465]

I don't think you can just bring a baby without a visa into the country as an LPR.

[JKLSemicolon 410]

1 hour ago, milimelo said:

I don't think you can just bring a baby without a visa into the country as an LPR.

 

This link and others (1, 2) mentions that this can be waived if the child is less than two years old:

 

Quote

Waiver of Visa Requirement for Child Born to LPR Abroad

In general, when the LPR is entering the U.S. after travel abroad, the individual must present a valid travel document, such as an immigrant visa, a valid unexpired form I-551 (i.e., green card), an I-551 stamp, or reentry permit. However, this requirement is waived for a child born to an LPR during a temporary visit abroad if certain conditions are met. Mainly, the child must accompany the LPR parent on their first return trip to the U.S. following the child’s birth, and the child must enter the United States within 2 years of birth. Additionally, both the LPR parent and the child must be admissible to the United States.

 

Child Becomes LPR upon Admission to the United States

A child born abroad to an LPR parent is not automatically an LPR. Rather, when the child enters the U.S., the officer at the port of entry will complete a memorandum of creation of record of admission for lawful permanent residence (form I-181) for the child. The child then becomes an LPR upon admission to the U.S.

 

@RmiT, how old is the baby? If older than 2, an I-130 would need to be filed.

[RmiT 0]

3 minutes ago, JKLSemicolon said:

 

This link and others (1, 2) mentions that this can be waived if the child is less than two years old:

 

 

@RmiT, how old is the baby? If older than 2, an I-130 would need to be filed.

The baby is now 4 months old and we just got his Canadian passport. Hence, the delay returning to the US…

 

My worry is that due to my long absence, if it will be waived or not. 

Edited July 4 by RmiT

[RmiT 0]

Hello folks,
If Canadian citizen with Lpr that is returning to the US after a extended absence and is given a Notice to Appear because they refused to sign the i407... then:

(1) are they allowed to withdraw the NTA before the court hearing date? (for personal reasons, such as court date is too far, cost of lawyer, stress, etcetc)

 

(1a) If yes, then can they sign the i407 at that later time when withdrawing thr NTA, and gain a tourist visa without having any future implications or consequences of visiting?

(1b) If no, then if they go to court and does not end in their favour and continues with removal proceedings, then would that leave a bad history for future implications if they were to return with another visa or GC?

 

(2) How frequent do CBPs issue NTAs for Lpr that are returning after an extended absence of 4-5 years? Is it done on a regular basis as there are very minimal stories of it on the forum. 

[Lil bear 4,145]

32 minutes ago, RmiT said:

Hello folks,
If Canadian citizen with Lpr that is returning to the US after a extended absence and is given a Notice to Appear because they refused to sign the i407... then:

(1) are they allowed to withdraw the NTA before the court hearing date? (for personal reasons, such as court date is too far, cost of lawyer, stress, etcetc)

 

(1a) If yes, then can they sign the i407 at that later time when withdrawing thr NTA, and gain a tourist visa without having any future implications or consequences of visiting?

(1b) If no, then if they go to court and does not end in their favour and continues with removal proceedings, then would that leave a bad history for future implications if they were to return with another visa or GC?

 

(2) How frequent do CBPs issue NTAs for Lpr that are returning after an extended absence of 4-5 years? Is it done on a regular basis as there are very minimal stories of it on the forum. 

The NTA isn’t yours to withdraw.  You can voluntarily sign a I 407 and relinquish your  LPR status as you leave the country .. this would   then leave no grounds for a appearance before an immigration judge  take place 

Edited July 5 by Lil bear

[powerpuff 6,603]

Related threads merged. Please keep all further questions regarding this situation in this thread only.

 

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