Dear VisaJourney forum users,
I have been reading chats for days, and firstly, I would like to say I am impressed by the quality of the pieces of advice and shared experiences I have found on here. This is the BEST US Immigration forum I have found til this day :)
I would like to receive your advice & guidance on the following topic please:
My Case;
I have been a US permanent resident since 2012.
I first entered the U.S with a student visa (F1 if I remember well). After 4 years being a student I got sponsored by my ex wife in 2011, and got my Green Card this way.
In April 2019 I went back to my native country (France) due to major personal & family issues. I did not file for a re-entry permit because my trip was temporary.
I decided to extend my stay in France because my grandpa was dying from a brain tumor and was diagnosed with less than 12 months left to live, and I wanted to be there for the funerals and to be with my family.
At the time my grand father passed away, I had been out of the country for about 10 - 11 months.
This is when E. Macron, our President, declared the state of emergency and restricted the ins & outs of the country.
Knowing I'd be in trouble to go back to the U.S later on, I filed a Returning Resident visa (SB-1).
It took a very long time before I actually got an appointment with the U.S embassy based in Paris.
My case got declared eligible, and after gathering all the requested pieces of evidence and taking the medical exams, I finally got an appointment for the second round of interview.
Within less than 5 minutes the immigration officer denied my visa and gave me back my Green Card.
I asked if I could make an appeal and/or go back to the U.S, and he told me it was not possible because of the denial.
He said I failed proving of my intent of coming back before departing the U.S, so I assumed he meant I was accused of abandoning my permanent residency, which I of course contested.
My petition for a Returning Resident visa (SB-1) was denied at the end of Feb. 2021.
After the denial, I immediately started searching online to see if there would be a way for me to get back and challenge the verdict. I of course realized it is totally up to the CBP officer I'd have in front of me.
Honestly I got scared because there is no guarantee I'd be let in, no matter what I do at a U.S port. of entry.
In addition to the fear of rejection, the vaccine against the Covid-19 was mandatory to travel to Los Angeles and was mandatory to come back to France in case I'd be rejected at the POE.
I finally got vaccined on Oct. 2021.
QUESTIONS:
1) If I go back to L.A now, do you think I have a chance to enter the U.S even with a denied SB-1 visa on my records?
2) Do you think a CBP officer would let me in if I request a hearing before an immigration judge?
3) Do you think a CBP officer would let me in if I voluntarily sign a form I-407 in order to voluntarily abandon my permanent residency?
4) If I end up signing a form I-407, does it have any negative consequences later on if I ever petition for permanent residency again, and/or for naturalization purposes?
5) What would be the best strategy to do in my case?
I thank you in advance for sharing your experience & knowledge with me.
I already contacted 3 immigrations lawyers as soon as my SB-1 got denied, and none of them have been helpful.
I can't wait to hear from you,
kind regards,
Anthony ~