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Expired green card and entering US

Expired green card and entering US

Old Feb 15th 2009, 6:46 pm
  #1  
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Default Expired green card and entering US

Hi there, my name is Frank and I'm 19 years old.
I have a green card, but I let it expire unfortunately. I haven't had any possibility of returning to the states because I've been going to school. My mother prevented me from getting my card back because she doesn't want me to leave the UK.

My parents used to have green cards, but they both let their cards expire.
We all used to live in New Jersey. We lived there from 1992 - 2002.
Unfortunately my parents decided to move back to the UK because my mother was pregnant and she wanted to have her baby in the UK because of better health care yadda yadda.

My father received his green card through sponsoring, but neither of my parents applied for citizenship for some weird reason. Neither did I.

I've been reading the forums for a while and I have already spoken to a lawyer. He told me I could try to fly on the vwp and show my green card at POE telling the CBP officers I wanted a hearing before a judge.

Now my card expired in 2002, but I refuse to believe my status as a LPR has been abandoned. I never wanted to move back to the UK. I actually liked New Jersey.

My questions are:
1. What should I do when from the UK to New Jersey (Newark I guess)?
Should I present my expired green card at security when leaving the UK?
Or should I travel on the VWP not showing my green card and filling out the ESTA?

2. What would happen if I showed my expired green card in the UK but told security that I want to have a hearing before an immigration judge in the states?

3. What other options do I have? I really want to go back to the US and I figured I should try to do it while I'm still young.

I do not want to try to get the SB-1, I've heard it's better to have the hearing because I would receive a temporary green card meanwhile.
At least I'd be able to be there for a while.


Please help me, I am very confused.

- Frank

Last edited by coffeman; Feb 15th 2009 at 6:49 pm.
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Old Feb 15th 2009, 7:28 pm
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your parents acting on your behalf abandoned your residency.
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Old Feb 15th 2009, 7:43 pm
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Default Re: Expired green card and entering US

They effectively did so, but I have heard that I will still be able to have a hearing before a Immigration Judge. I haven't been back in the states in a while, but my wish to go back is strong.

How do I proceed to do so on my green card. Please if you could answer the questions I asked.
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Old Feb 15th 2009, 7:48 pm
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I dunno........ but I'll follow the thread as I always like a hard luck story.

I'm gonna download the 'Our Tune' music for the rest of the responses.
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Old Feb 15th 2009, 7:59 pm
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Default Re: Expired green card and entering US

Originally Posted by coffeman View Post
Hi there, my name is Frank and I'm 19 years old.
I have a green card, but I let it expire unfortunately. I haven't had any possibility of returning to the states because I've been going to school. My mother prevented me from getting my card back because she doesn't want me to leave the UK.

My parents used to have green cards, but they both let their cards expire.
We all used to live in New Jersey. We lived there from 1992 - 2002.
Unfortunately my parents decided to move back to the UK because my mother was pregnant and she wanted to have her baby in the UK because of better health care yadda yadda.

My father received his green card through sponsoring, but neither of my parents applied for citizenship for some weird reason. Neither did I.

I've been reading the forums for a while and I have already spoken to a lawyer. He told me I could try to fly on the vwp and show my green card at POE telling the CBP officers I wanted a hearing before a judge.

Now my card expired in 2002, but I refuse to believe my status as a LPR has been abandoned. I never wanted to move back to the UK. I actually liked New Jersey.

My questions are:
1. What should I do when from the UK to New Jersey (Newark I guess)?
Should I present my expired green card at security when leaving the UK?
Or should I travel on the VWP not showing my green card and filling out the ESTA?

2. What would happen if I showed my expired green card in the UK but told security that I want to have a hearing before an immigration judge in the states?

3. What other options do I have? I really want to go back to the US and I figured I should try to do it while I'm still young.

I do not want to try to get the SB-1, I've heard it's better to have the hearing because I would receive a temporary green card meanwhile.
At least I'd be able to be there for a while.


Please help me, I am very confused.

- Frank
Hi:

You talked to a lawyer already. Why are you asking here. You have a complicated case. You will be able to clear EWR and get that hearing, but you better have a lawyer on tap -- preferably one who has TRIED an "abandonment" case.
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Old Feb 15th 2009, 8:00 pm
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Default Re: Expired green card and entering US

Originally Posted by Manc View Post
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your parents acting on your behalf abandoned your residency.
Hi:

Although that might be the ultimate result, I saw no mention of a prior adjudication or a I-407. It appears that your conclusion is way premature.
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Old Feb 15th 2009, 8:06 pm
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maybe.

but Folinsky........ what's his chances given the info given?
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Old Feb 15th 2009, 8:16 pm
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Default Re: Expired green card and entering US

Thank you for the honest and quick replies!
The attorney I have chosen has tried abandonment cases. I have a friend living in Detroit and he's a close friend of the family so to speak. He told me about a lawyer there that has had a few abandonment cases. I don't know his name yet though, I'll have to give him a call about that. If i find him to be better than the attorney I spoke with I'll live with my friend for a while in Detroit. I do not know if my attorney has had any abandonment cases.

Anyhow I may want to fight this in court if my future attorney and me find it somewhat possible to win. What should I do though? Should I apply for the ESTA and leave the UK as a visitor on the vwp? What would I do when landing at the airport?

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Old Feb 15th 2009, 8:28 pm
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Surely if you use the VWP you are acknowledging you're just a visitor no?

(given my history that may be a bit rich *LOL*)
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Old Feb 15th 2009, 8:30 pm
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Default Re: Expired green card and entering US

Well I believe using a visitors visa to get back into the country while having a expired green card does not remove your status.
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Old Feb 15th 2009, 8:31 pm
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it proves you have no status
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Old Feb 15th 2009, 8:33 pm
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Default Re: Expired green card and entering US

I've read that in emergency you can use a visitors visa even though you have a green card. Besides I doubt they'd let me board with a expired green card? Even if I tell them I'm going to have a hearing before a immigration judge?
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Old Feb 15th 2009, 8:35 pm
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fly to Windsor Ontario then and get a cab to the Ambassador bridge then.

nothing ventured nothing gained.
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Old Feb 15th 2009, 8:41 pm
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How are you going to pay the thousands of $s a lawyer will want
and how will you live if you do succeed
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Old Feb 15th 2009, 8:41 pm
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Default Re: Expired green card and entering US

It'd take the lawyers advice. A lot will depend on the judge and the totality of circumstances. The "my parents moved me out of the US" angle has been attempted with mixed results.

You may decide to use the VWP to get on the plane, but I wouldn't complete it and present it. The airline will likely make you have a return ticket. The case could take over a year to be completed and you could end up barred for 5 years if you lose.
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