aribee

Well, technically it was at the 13 month mark, which is why I used the VW as the email I received indicated my green card would no longer be valid

Do you think receiving this email would help my case to show why i used VW?

Noorah101

No, because government agencies do not take responsibility for giving misinformation.

We have seen cases on here before where someone with a very long absence from the USA rolls up at the POE with their green card and either gets admitted without issue, or gets admitted to see an IJ. Regardless of what's written on the USCIS website (which is still just a website and still a government agency website, which is still not the best place to go for correct information, as strange as that seems).

As for finances, only you know your resources....but if it were me I would not postpone your return to the USA any longer. Borrow the money for a plane ticket if you have to, and pay it back once in the USA and working again.

Rene

augigi

I am finding your posts so frustrating!! Gah!! If you don't want to seek legal advice, then at least listen to what is being said here. People are trying to help and you just keep saying the same thing about the email you received and the 12 month thing. As stated multiple times, there are general rules but it's a case by case basis as to whether you have abandoned your permanent resident status.

1. Don't email, write to, telephone or send a pigeon to the consulate. They can tell you whatever they want, but they won't be on the entry door to the US when you arrive, and the point of entry officer won't give a crap about what someone emailed you.
2. US immigration is not arranged to suit you. If you lose your permanent resident status now, you may not ever have a basis to get it back - that would seem, to me at least, to make it worth doing whatever you can do right now to make it more likely to keep it.
3. Whether you get a lawyer, buy a flight, sponsor SO or get an E3 visa etc... it's going to cost money. If you can't afford it then you may need to write the idea off now.

scrubbedexpat099

Op mentioned property and bank accounts in the US.

A Lawyer will have more information about the details but I would be surprised if it comes down to an obvious route. It will be a call that you will need to make.

Quite a few things do not add up to me if it was a sudden trip abroad.and you seem reluctant to return to the place that is supposedly your residence.

aribee

Augigi,

I'm sorry if I have frustrated you, my comment is not just based exclusively off the email I received but also off information from their website, as it seems to be a "rule" of theirs and I wasn't within 12 months, I didn't want there to be any misunderstanding that I had entered within 12 months. It's not that I do not want to take advice I just want to make sure I have all the facts straight. If you say everything on their website is wrong then fine.

Also, I am fully aware of the costs involved in migrating having done it once already. It is expensive. I know that. I can pay for that now where as I couldn't earlier. Having said that, that is the exact reason I do not want to waste any additional money on flights or lawyers ect, without having a good idea of what the outcome will be. Which is exactly why I am trying to do as much research of my own first. I am not trying to be argumentative, simply trying to eliminate as many of the "unknowns" as possible.

aribee

Please do not misunderstand my wanting to get it right for reluctance to return. I simply do not want to waste time and money on doing it the wrong way, and potentially jeopardize my efforts, as it seems I may have previously by going in on VWP, because at that time I thought I was doing the right thing, and now I am wishing I had asked more questions and been more cautious about doing that. So rather than rush off thinking I know what's right, I'm trying to be a bit more educated about my actions, and the repercussions of those actions before I go ahead this time. I just want to know what I'm in for, what to expect. look at all the variables. I think only a fool would rush into anything blind.


Does anyone know, if you are admitted but have to see an IJ, what the wait period is usually like before you get to see the IJ?

scrubbedexpat099

Courts are over whelmed so not likely to be quick.

Noorah101

I've never seen a post here with that answer...but I would expect at least several months, if not a year or more. In the meantime, you remain a US PR and can do everything a regular US PR can do (although I would not leave the USA again until everything is settled).

Rene

aribee

Hm ok. Seems like that may end up being the way to go. I assume if the judge ultimately rules that your PR was abandoned, that you would have to leave the U.S immediately?

I guess I'm just scared at the thought of going, getting my hopes up only to be ultimately rejected and be sent back to Australia. But I guess that's a risk no matter what.

If I were going through this process, am I correct to think that it would have no effect on husbands E3?

Noorah101

Correct.

I have a question, though. You were already thinking you had lost your PR status. What was your Plan B? Get married and go to the USA on an E-3 and derivative visa? You can still do that, if you really don't want to pursue our suggestions.

Rene

aribee

Rene,

Yes, that was exactly my plan B. The only thing is, that method ultimately resulting in PR is dependant on Husbands employer sponsoring him for PR down the track, is that right? (which is fine, but then the decision is up to employer) Or could we both enter on E3/E3D and I pursue my case for my PR once already in the US?

Would me entering on E3D and then trying to pursue my PR be counter productive given that E3 is a temporary visa? In order to receive it id have to state that I planned to leave the U.S on its expiration, right? could that be used against me?

By the way, I truly appreciate your patience with me and my ten thousand questions, I really do value your advice.

scrubbedexpat099

I put forward options.

Noorah101

Don't enter on the E3d if you intend to continue being a PR. Run that plan by an immigration attorney, but I doubt it's a good one. If you want to pursue preserving your current PR status, enter the USA using your green card.

Rene

ian-mstm

The first part is true, as mentioned earlier. The second part is not true. It is the US government's attempt to keep things as simple as possible for themselves.


You read this, because most people don't understand the concept of dual intent and then write about it... spouting a myth rather than the truth.


This is also not true. Keep in mind that any government web site you visit will give only the most simple explanation of what is a very complicated area of law: the law of abandonment. They give information that satisfies themselves... whether that information accurately reflects the law or not.


You have a green card, you don't need a visa. The airline won't know how long you've been out of the US, so getting on the plane won't be an issue. The CBP officer at the port of entry will likely ask you how long you've been away. Answer honestly.

Here's the law: if you have ever had a claim to PR status in the US (which you do, because you have a green card), you have the right to a hearing in front of an Immigration Judge who will make the final determination of whether or not you've abandoned your status. The CBP officer does not have the authority to strip you of PR status.

So, until the hearing, the officer will likely parole you into the US which, for all practical purposes, means you aren't refused entry to the US.

Ian

S Folinsky

Legal consultation is in order.