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Happy-Phil

LPR Residency Question......DV Lottery 2026 an option?? (Split)

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Filed: Citizen (apr) Country: Brazil
Timeline
5 hours ago, Demise said:

fly to Mexico/Canada, go to the US border checkpoint and sell your story that it was never your intention to abandon it and it all happened due to a chain of unfortunate events outside your control.

To fly to Mexico or Canada, OP will need a tourist visa for one or the other in the Moroccan passport in order to board the plane.  I agree that this would be the best option to successfully return to the USA as soon as possible.

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Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
7 hours ago, Demise said:

The loss is not automatic. 1 year is just the general cut-off before when CBP might seriously question it with the presumption that you've abandoned it (so the burden of proof shifts to you that you planned to come back).

 

Absent you filing an I-407 you can generally try to enter US on a green card and see what happens. CBP can do one of three things:

1. Admit you back in as an LPR - great

2. Try to pressure you into signing an I-407 and leaving

3. Parole you for removal proceedings - then it depends, if you are eligible to readjust (e.g. you are married to a US citizen who can re-sponsor you) you can generally do that then, otherwise you have to convince the judge that you didn't abandon your permanent residency.

Obviously not a straightforward option since the green card got lost.

 

Bit late for the boarding foil. I do agree with nastra30, gather up any documents you can (police report of it being lost/stolen, anything to prove that you have something to come back to in US like rental agreements, mortage, bills, paychecks (or if you got let go or put on some kind of sabatical something from your employer that you can get your job back once you've sorted this mess), kids birth certificates and school records, freaking Costco membership you still pay for, discord messages where you lament over losing it and not being able to afford the fee for the I-131A), fly to Mexico/Canada, go to the US border checkpoint and sell your story that it was never your intention to abandon it and it all happened due to a chain of unfortunate events outside your control.

 

Then basically the same stuff as above applies. They can admit you back in they can parole you back in (where you'll need to convince a judge instead). Just don't sign an I-407.

@Demise Thank you everyone for clearing this to me I have a better vision now I understand I have options to follow the better one seems to me the SB-1 visa I think I still have to time ti file for this kind of visa to let me go back to the USA without having any troubles with CBP. 

 

Many thanks again. 

 

 

Marriage (if applicable): 2015-10-15
I-130 Sent : 2015-11-03
I-130 NOA1 : 2015-11-05
I-130 RFE :
I-130 RFE Sent :
I-130 Approved : 2016-05-18
NVC Received : 2016-06-01
Received DS-261 / AOS Bill : 2016-06-22
Pay AOS Bill : 2016-08-28
Receive I-864 Package :
Send AOS Package : 2016-09-07
Submit DS-261 : 2016-09-04
Receive IV Bill : 2016-08-01
Pay IV Bill : 2016-09-01
Send IV Package : 2016-09-07
Receive Instruction and Interview appointment letter : 2016-11-01
Case Completed at NVC :
NVC Left :
Consulate Received :
Packet 3 Received :
Packet 3 Sent :
Packet 4 Received : 2016-11-01
Interview Date : 2016-12-08 Submit Review
Interview Result :

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38 minutes ago, Happy-Phil said:

@Demise Thank you everyone for clearing this to me I have a better vision now I understand I have options to follow the better one seems to me the SB-1 visa I think I still have to time ti file for this kind of visa to let me go back to the USA without having any troubles with CBP. 

 

Many thanks again. 

 

 

 

SB-1 would be a last resort option normally. High refusal rate and you'd have to prove you couldn't return to the US due to reasons out of your control which isn't true. Accepted reasons would be things like being hospitalised etc, not just losing your green card and not wanting to pay for a boarding foil.

 

Why not just get yourself over to the US asap as everybody has suggested above?

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