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.

Re: i think i have a prob with my G/C
 

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

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

Re: i think i have a prob with my G/C
 

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

Re: i think i have a prob with my G/C
 

I'd have thought that depends on whether or not you want to live in the U.S. again.

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.

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.

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.

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.

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.

:confused:

Re: i think i have a prob with my G/C
 

Yes.


Sorry, no idea.


You will "likely" (but not guaranteed) be parolled into the US until your hearing date.


Nothing... you're not using a visa to enter the US. I see that your attorney suggests filing form SB-1... good move!

Ian

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.

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.

Re: i think i have a prob with my G/C
 

why not ..its just a form ..

http://www.state.gov/documents/organization/79962.pdf

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

Re: i think i have a prob with my G/C
 

FWIW, out of the handful of SB-1 application cases that I've seen posted online, I don't recall a successful DIY out of them. I have seen this visa reported as 'denied'.
All unique circumstances, but I'm led to believe it's not as easy as it appears.

Re: i think i have a prob with my G/C
 

Thankyou Jcraigfong.
I was thinking the same thing.
I really do want to get back to USA asap.
as I said in an earlier post...my ex wife has told me that she would do anything to help me to get through immigration...(even not mention anything about the divorce)any other suggestions from you.?yes both my kids are U.S citizens are over the age of 21.
Do you think that the SB-1 is my best option here?
what about what others have said...show up at the airport in U.S presnt my G/C and request an hearing with the judge?
appreciate all help.
thankyou.

Re: i think i have a prob with my G/C
 

Whatever you do, do NOT lie or misrepresent material facts to USCIS! This suggestion you put forth above is VERY bad.

Rene

Re: i think i have a prob with my G/C
 

Hi Noorah.
thankyou for your input.
I understand its a delicate situation,but what if my ex wife of 30 years(us cit) walked through immigration with me,her passport still shows her married name,of course if it came to questioning etc we would have to say that we recently divorced[dec 08]but what im saying is ...if they dont ask why say anything.thankyou.

Re: i think i have a prob with my G/C
 

Sir,

You're starting out on the wrong foot! Any whiff of an attempt to decieve [to pass off your ex-wife as if you were still married] Customs and Immigration will not bode well for you, as has already been said. It's a bad move, period.

If you are really serious about being able to live in the US again, then take Mr Fong's advice and pay an immigration lawyer to process your case, let me remind you what he said:

"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."

Best of luck!

Re: i think i have a prob with my G/C
 

Hi.i am wondering here....i am in the process of renewing my passport,it has recently expired...the last time I renewed it I was in Florida and I renewed through the British embassy in Washington....if I renew it in the UK will the new UK passport I receive have any connection to my old passport,I was thinking that I could go back to U.S as a tourist on the new passport and then sort out renewing the G/C etc from within the U.S,any suggestions please?

Re: i think i have a prob with my G/C
 

Well, both will be in your name! While the UK-renewed passport might not show up in the database at the port of entry, your US-renewed passport most likely will. The officer will put 2 + 2 together!


Aside from any other complications, it is illegal to enter the US as a tourist with the intent to stay to adjust your status... which, in effect, is what you will be trying to do. Yes, you could argue that you have a GC so you're not actually a tourist, but it's also possible that your status has been deemed abandoned. You simply don't know.

If I were you, I'd just follow JCF's advice. Why? Your questions imply an intent to deceive US immigration... and that's never a good idea.

Ian

Re: i think i have a prob with my G/C
 

Best of luck to you!
Using vwp or b visa to make it to POE is not illegal, but lying to a Immigration Officer is! Please do not lie, it makes everything a lot worse.

Re: i think i have a prob with my G/C
 

im about to renew my uk passport is it better to do it from the uk or through uk embassy in washington?.

Re: i think i have a prob with my G/C
 

I was going to answer, but I've determined that helping you could be construed as aiding and abetting.

Ian

Re: i think i have a prob with my G/C
 

Hi.Im in the process of completing a UK passport application as it has recently expired,my previous UK passport was renewed through the UK consulate in washington...this is the one I am now trying to renew.
The application states that this form is for British applicants in the UK,If you live abroad contact your nearest embassy,consulate or high commission for another form.
If I am attemping to maintain my presence in the U.S wouldnt it be contridictory to go ahead and complete the U.K application form?

Re: i think i have a prob with my G/C
 

Hi - you PMd me to ask if our situation was similar. I'm going to respond to you on the public thread here.

My situation is quite different from yours, though there are some similarities. I did manage to enter the US on an expired green card, but my circumstances were not the same. And it's clear that in US immigration what happens to one person is not necessarily a predictor of what will happen to the next.

I think the best thing to do in your situation is follow the advice of your attorney. If you are not happy with the advice they are giving you then you should bring that up with them, or seek different counsel.

I have a lot of sympathy for your situation. They don't make it easy for you, and some of the roadblocks that they erect are pretty arbitrary and unnecessary. It's unfortunate that you did not complete your US naturalization before you left, as none of this would have been an issue.

Good luck.

Re: i think i have a prob with my G/C
 

If your wife would do anything for you, why not get re-married and restart the GC process?

- Tim

Re: i think i have a prob with my G/C
 

thank you notacrime.
can I ask how long your G/card had been expired when you re-entered the U.S ?and did you use ESTA?Thankyou.

I have communicated with my lawyer in the U.S and for everyone elses benefit[although circimstances may be different) my immigration guy mentioned me filing the SB-1 and then decided against it because he said it would have to be filed through the London U.S embassy who are notorious to deal with.I am waiting to hear from him with regard to what is the next move.

Im thinking that perhaps the best thing to do is just re-nounce the G/card and go for a 6 month visit for the winters....any suggestions on what other remifications could be entailed by just turning it in or is that step too early?

Re: i think i have a prob with my G/C
 

My GC had expired but I had an application in process to remove conditions. This is different from what you are doing, so I don't think you can use my situation as any kind of predictor of your own. That said, my GC expired Jan 5th and I entered Feb 26th. I did not use ESTA.

There is one aspect of my situation that might be useful for you - boarding the flight. As I said, I did not fill out ESTA, but I had a return ticket back to Edinburgh 5 days from the departure. That seemed to be enough for the airline (Continental) - in fact I saw them put my details in to the computer it flashed up with something green that said "positive indication - return flight" or something to that effect.

Re: i think i have a prob with my G/C
 

The max amount of time you can stay in the US as a visitor is 90 days, not 6months.

If I were you, I'd wait and see what my attorney suggests next before doing anything drastic like giving up your green card.

Re: i think i have a prob with my G/C
 

B visa - up to six months.

Re: i think i have a prob with my G/C
 

B visa - up to one year actually. :)

Re: i think i have a prob with my G/C
 

Whoopsie! My bad - sorry!

Re: i think i have a prob with my G/C
 

But not in practice

Re: i think i have a prob with my G/C
 

Unless you're an unmarried partner of certain non-immigrant visas accompanying your significant other.

Re: i think i have a prob with my G/C
 

who had previously lived together and were keeping the property

The numbers are going down ...

Re: i think i have a prob with my G/C
 

Thanks everyone,I get the drift.So I would basically send my G/card back to the embassy and then apply for a B visa? and spend up to 6 months in Florida?it sounds to easy,any thing I need to look out for?
Thankyou all.

Re: i think i have a prob with my G/C
 

You don't just send it to them. The card is just a card. There are steps to get rid of the status. You have to complete a Form I-407.

http://www.usembassy.org.uk/dhs/uscis/abandon.html

I'd suggest that you complete the I-407 and bring it to a B visa interview instead of mailing it.

Re: i think i have a prob with my G/C
 

Okay... my last thoughts on the subject...

Why are you so eager to abandon your status? Why not book a flight to the US departing from... say, Shannon and see if you are allowed to preclear US immigration using your GC. If you are, it's valid... and off you go (and when you get to the US, you file for renewal and/or naturalization). If you aren't, well... it's a short trip back home *and* you'll know where you stand with respect to your status. At that point, you should file an SB-1... yes, even though your lawyer (who is clearly an idiot) suggested against it. If you do file an SB-1, I suggest you get a new attorney.

Ian