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May 9th 2011, 12:34 am

#16

Bob

BE Site Lead

Joined: Aug 2004

Location: MA, USA

Posts: 92,170

Re: um.....

On the plus side, if the cards do get made and sent out, they can fetch a pretty penny from the dodgy geezer down the pub

May 9th 2011, 2:24 am

#17

crg

American Expat

Joined: Jan 2004

Posts: 7,598

Re: um.....

Quote:

Originally Posted by JAJ

I can't speak for the USA specifically, but in most common law jurisdictions the courts would take a dim view of this kind of action (retrospective voiding of something obtained in good faith), even if an immigration or other benefit occurred due to a procedural irregularity. And USCIS might not wish to advertise the fact it made a mistake.

But I'd agree that if they wanted to use the green cards, they should get some very good legal advice on this subject. I'd think the problem in this case is that USCIC were probably never advised of the departure from the USA.

I see where you are coming from. The first entry would be more perilous as the burden of proof is squarely upon the alien to prove their admissibility. Once within the US after being admitted, the odds get better.

I wouldn't expect CIS/ICE/CBP etc to just stipulate that the cards were obtained in good faith. They could just as easily take a position that the cards were fraudulently obtained. Any competent immigration attorney should know that departing with a pending I-485 and without an advanced parole (not including dual intent H/L or similar) causes the I-485 application to be abandoned. They have an attorney. The government may assume that the attorney and therefore the bearer knew the cards were not properly obtained. It would make for an interesting read if it went through the court system.

I'm sure you're aware of plenty of people who have applied to renew a US passport only to be told they are not a US citizen and the first passport was a mistake. I know of several. None of them have gotten any traction by claiming they acted in good faith.

May 9th 2011, 9:28 am

#18

Marocco

BE Forum Addict

Joined: May 2007

Location: London

Posts: 1,248

Re: um.....

Quote:

Originally Posted by JAJ

I remember a court case cited by Mr Folinsky (can't remember the reference). It involved a Mexican LPR who had lost his green card. When he applied for a replacement, the government decided that his green card had been granted in error. If I remember correctly, he lost the case and had to leave the US.

Last edited by Marocco; May 9th 2011 at 9:45 am.