discoviking

Does any of these lawyers specialize in abandonment law, and have any of them tried at least one abandonment case?

crg

See if this lawyer will put that in writing. He's directing you to violate the law.

inapickleithink

okay,heres Lawyers 2 reply that I copied and pasted.
I have removed his and my daughters name etc.

Your daughter could start the process anytime but the green card would be approved by the US embassy if you are in the UK, That could take 6 months, may be longer. If you came in as a tourist, and petitions were filed from here, it can be done in a one-step process. But we would have to wait at least 60 days. You would not have to leave the US after the 90 days. Although your daughter would have to file an Affidavit of Support,
but since she has no income to support you, you would need another American to sign such an Affidavit (not risky to do).

Hope this is helpful

scrubbedexpat099

but not uncommon.

crg

I agree. It's also a questionable plan. An application filed by a permanent resident who is seeking adjustment again after entering on the VWP may get kicked back. There could also be fraud issues. Signing the VWP form stating that he is not seeking to work in the US could be considered fraudulent.


Then again, a complicated case could be a real revenue source for the attorney.

ian-mstm

I'm going to suggest something radical here... why not just try to fly out of Shannon, where you'll pre-clear US immigration? If they turn you away, it's a short trip home - but you'll have your answer. If they allow you to board the plane, then you'll be okay. If you have *ever* been a PR, you have the right to a hearing in front of an immigration judge who will make the final decision as to whether or not you've abandoned your status. I'll note here, that time spent outside the US, by itself, is not proof of abandonment.

Ian

inapickleithink

Ok,I will put this idea past lawyer number 1 and see what he says....however will I lose my right to a hearing in front of an immigration judge if I went through Shannon and was turned away?what other remifications are there if you get turned away ? thankyou.

ian-mstm

No... but the IJ may be in the US, so going through Shannon may not be as practical as I thought. Anyway, put it past your attorney and see what he thinks. It may be to your advantage to fly to the US and go through immigration in the US - at least that's where the IJ will be. CBP can't simply put you back on a plane if you have *ever* claimed to have PR status. You'll likely be "paroled" into the US pending a hearing before an IJ.


I don't know if there are any other ramifications. You remain a PR until such time as an IJ says you're not.

Ian

inapickleithink

You'll likely be "paroled" into the US pending a hearing before an IJ.

Does being paroled into the U.S mean I am not detained.
thankyou.

Noorah101

Being paroled in just means you get to come in and wait your turn with the IJ. You might be spending that time in detention.

Rene

inapickleithink

Hi
this is the info lawyer number 1 has just emailed me with regard to going before the Imigration Judge.


Under no circumstances should you opt for the route of going through the deportation process because an immigration judge would decide in
favor of the immigration authorities that you have abandoned your residence, since you have been outside of the U.S. for well over 1 year, and
you have pretty much no evidence of maintaining your residence here. If, I should say, WHEN you would be deported, you will then be barred
for 5 years from applying for any visa or the green card. If the immigration inspector wants to take away your green card for abandonment,
and presents you with renouncing it and not going into deportation or else going into deportation in order to fight for your green card, then
you should renounce the green card. Then you have your options open to be able to have your daughter to petition for the green card for you.
If you renounce the green card without going through deportation, then you will not be subject to the five-year bar, and so you can pursue the
green card process in order to regain the green card.

hope this helps.
regards.

ian-mstm

This is by no means certain... and, IMHO, poor advice from the attorney. Has this guy actually ever tried an abandonment case?

Ian

inapickleithink

Hi Ian.
I asked him if he has ever been involved with abandonment when I first had contact with him and he has never replied.I asked him today if he thought I would be detained and he did not reply.You know the rest of what he has said.

ALso,other than today...unless I email him 3/4 times with the same question he takes days to reply,whereas lawyer 2 comes back almost immediatly.

I also didnt think much of his answer....and I have had some suspicions of
him exagerating or trying to cause some fear....Im confused,just want to get back and do it right the first time so that I get in and not sent back.

Thankyou.

crg

If the plan is to abandon the LPR status anyway and reapply as the parent of an adult USC child then the whole process can be completed before you travel to the US. I'm not saying that's the best option, but going to the US to do it isn't required.

inapickleithink

Hi,it seems that lawyer 1 waits for me to ask questions and replies{sometimes days later}....lawyer 2 has made some suggestions without me specifically asking him anything.
here is an email from lawyer 2.


Regardng Immigration: if your card actually expired (after 10 years), I don't think you can apply for a new card from outside the U.S.--but I could verify it. Having been gone for more than 1 year without getting a Re-Entry Permit approved prior to leaving the U.S.--or getting an approval from the US Embassy to stay longer-- could allow Immigration to cancel your permanent residence status when you return to the U.S. I am not aware that a *humanitarian excuse exists.*
It seems the most straight forward way would be to have your U.S. daughter if she is 21 or older-- sponsor you for permanent residence. If you want to return to the U.S quickly, then come in on a visa waiver and after 60 days, we could file the family petition and green card applciation, as well as work authorization and travel permission.
what are your thoughts?
Regards,

*He mentions humanitarian reasons because of deaths in family*