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i think i have a prob with my G/C

i think i have a prob with my G/C

Old Feb 16th 2009, 3:51 am
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Default i think i have a prob with my G/C

Hi.
I lived in the U,S for 20+ years with a G/C.
my G/C expired in june 2007 while I was in the UK.
I have been out of the U.S for 18 months looking after my parents who both have cancer.
Both of my kids are U,S citizens,my ex wife is an american citizen who lives in the uk.Last year whilst waiting for the divorce she brought charges against me for harrasment[i took pictures of her in a public place with her boyfriend] we went to court,i pleaded not guilty,i was found guilty and ordered to do 160 hours of community work[litter,cutting grass]I have found out the most i could have received was 6 months jail.

Based on my absence and expired G/C + the conviction can I get back to the states?
Worst case scenario I would be happy to just visit the U,S if it seemed like I had problems going back permanently.
Thankyou.
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Old Feb 16th 2009, 12:08 pm
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Default Re: i think i have a prob with my G/C

Originally Posted by MyGreenCard
I lived in the U,S for 20+ years with a G/C. my G/C expired in june 2007 while I was in the UK.
I take it you didn't file for a re-entry permit. Have you continued to file US tax returns?... driver's license?... something that would show your ongoing ties to the US? As a GC holder (even if it's expired), you have the right to a hearing in front of a US immigration judge who will ultimately decide whether or not you have abandoned your status.

Remember though, you *are* a US PR, and even if your card is expired, your status is not. I suggest you take a look at filing form SB-1. You might want to contact an immigration attorney to get a fuller overview of things.

Based on what you've written, I don't think you'll have a huge problem... and, if you make it back to the US, you might want to think about filing for naturalization.

Ian
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Old Feb 17th 2009, 4:36 pm
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Default Re: i think i have a prob with my G/C

Thanks Ian,in your opinion would it beasier to just go and forth as a tourist.
thankyou
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Old Feb 17th 2009, 11:43 pm
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Default Re: i think i have a prob with my G/C

Originally Posted by MyGreenCard
... in your opinion would it beasier to just go and forth as a tourist.
Since you ask, I think the easiest thing to do is simply fly back to the US and see if you will be admitted - but *not* as a tourist. If you are, problem solved. If not, you still have the right to a hearing before an immigration judge. The only thing you have to lose is the plane fare... and if that's an issue for you, you can fly out from Ireland where (on some flights) you will pass through US immigration before you even get on the plane. At least that way you'll know before the long flight whether or not you'll be admitted.

Ian
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Old Feb 18th 2009, 12:34 am
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Default Re: i think i have a prob with my G/C

Originally Posted by MyGreenCard
Thanks Ian,in your opinion would it beasier to just go and forth as a tourist.
thankyou
I'd have thought that depends on whether or not you want to live in the U.S. again.
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Old Feb 18th 2009, 2:02 pm
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Default Re: i think i have a prob with my G/C

Hi Ian.
Do you actually mean that I would get on a plane in the UK fly into a U.S airport and show my G.C and from there based on what they say request a hearing before a judge?in which case how long would it take before I got the hearing,would I be allowed to venture off into the U.S while waiting for the court hearing?Also what would I do with regard to ESTA...I have read that you cant even get on the plane without completing the online form,and would they allow me on the plane with an expired G/C.
Any advice is greatly appreciated,thankyou Ian.

JAJ,I would prefer to live in the U.S again....but as a worst case scenario even having the ability to visit[my daughter is also a U.S citizen]would be better than nothing.
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Old Feb 18th 2009, 2:10 pm
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Default Re: i think i have a prob with my G/C

Hi Ian.
As per your suggestion I contacted a U.S immigration lawyer,he was in the process of preparing my U.S citizenship before I had to leave to help my parents,yes I should have filed for a re-entry permit but thought I would be back in the U.S before now,anyway the U.S immigration I spoke about wants a retainer of $500 for more advice with regard to the SB-1 you spoke about.
Thankyou.
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Old Feb 18th 2009, 2:14 pm
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Default Re: i think i have a prob with my G/C

Forgot to mention that my ex-wife recently told me that she would do whatever it takes to help get me back into the U.S even to the point of flying over there with me and going through immigration together,what you think?.
Thankyou.
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Old Feb 18th 2009, 2:48 pm
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Default Re: i think i have a prob with my G/C

Hi Mr Green Card,

I don't think having your ex-wife with you will make the slightest bit of difference to be honest.

I would stick with your immigration lawyer and follow his/her advice before you plan your trip. They know your case and would seem to be best placed to advise you.
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Old Feb 18th 2009, 4:02 pm
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Default Re: i think i have a prob with my G/C

Boy oh boy, seems like you have some issues that need sorting out.
It would be best that you contacted a immigration attorney.
Preferably one that has knowledge within the abandonment field.

I also wonder about the ESTA if you can use vwp to get out of the UK and show your green card at the US PoE.


Last edited by zarya; Feb 18th 2009 at 4:12 pm.
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Old Feb 18th 2009, 4:39 pm
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Default Re: i think i have a prob with my G/C

Originally Posted by MyGreenCard
Do you actually mean that I would get on a plane in the UK fly into a U.S airport and show my G.C and from there based on what they say request a hearing before a judge?
Yes.


... how long would it take before I got the hearing
Sorry, no idea.


... would I be allowed to venture off into the U.S while waiting for the court hearing?
You will "likely" (but not guaranteed) be parolled into the US until your hearing date.


Also what would I do with regard to ESTA...
Nothing... you're not using a visa to enter the US. I see that your attorney suggests filing form SB-1... good move!

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Old Feb 18th 2009, 4:53 pm
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Default Re: i think i have a prob with my G/C

For the SB-1 visa you should file at least 3 months in advance before travel.
Regarding the hearing; It depends on which state. In a pretty recent case in Michigan it took 1 year and 11 months until the person attempted to enter the US until the person had the hearing before the judge. It could be 1 week up to 2 years. Usually they get the hearings done before max 2 years. That is there limit so to speak.

Usually there are two hearings. The master calender and the merits hearing if I remember correctly. You are able to appeal the Immigration judge's decision to the Board of Immigration Appeals. And they have been using about 2 years to look at IJ appeals. In total there could be 4 hearings.

Last edited by coffeman; Feb 18th 2009 at 6:39 pm.
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Old Feb 18th 2009, 11:26 pm
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Default Re: i think i have a prob with my G/C

Hi everyone this is the email my immigration guy in the U.S recently sent me.
is this SB-1 visa something I could apply for myself ?


Recommended Course of Action



I recommend that you apply with the London Consulate for special immigrant status as a returning resident, also called an SB-1 visa. The process could take about three months. You would get a visa in your passport indicating you are a permanent resident. Using the visa to enter would trigger the production of a enw green card. You can find out more about this at the following site: http://london.usembassy.gov/cons_new...gresident.html



If we assist you, the legal fee would be $2,000. The government fee is $400.
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Old Feb 19th 2009, 4:30 am
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Default Re: i think i have a prob with my G/C

Originally Posted by MyGreenCard
Hi everyone this is the email my immigration guy in the U.S recently sent me.
is this SB-1 visa something I could apply for myself ?
.
why not ..its just a form ..

http://www.state.gov/documents/organization/79962.pdf
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Old Feb 19th 2009, 8:40 pm
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Default Re: i think i have a prob with my G/C

J Craig Fong, immigration lawyer, Los Angeles: I am frankly a bit dismayed that -- with an absence of 18 months, with a potential abandonment of residence, with no re-entry permit, with an LPR divorced from the spouse who initially petitioned him, and with an intervening criminal conviction -- there are people who would recommend to you that you apply to the AmEmb for SB-1 by yourself, without representation and assistance of counsel.

I fully recognize that some folks have a jaundiced view of attorneys, and there is, I suppose, nothing I can do to alter those opinions; however, there are sufficient facts that you have mentioned here to make the hair stand up on the back of my neck. In my view, you need competent counsel on this one. This is not one of those DIY situations.

Don't get me wrong: It may all go smoothly, but there are 'way too many issues sticking out of this hedgehog of facts. If it is your desire to return to live in the USA, I would not take a chance on this.

Another possibility: your US citizen children, once and if they are over 21 years of age, can re-petition you. This would, however, involve needless expense and time; it might be better if the matter can be handled at the Consular level with the SB-1.

Best of luck.

--J

Last edited by JCraigFong; Feb 19th 2009 at 9:12 pm.
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