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.