ian-mstm

In case you're wondering, this is what he's talking about: http://britishexpats.com/forum/showp...99&postcount=1

Ian

scrubbedexpat099

There also was the Shusterman video posted a few weeks back.

meauxna

That never went into the 60/90 days rule did it?

inapickleithink

so,are you saying that his statement...............below....is correct Ian?
************************************************** *********
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,
************************************************** ********


because in another email he says no need to leave U.S on or before 90 days.

Boiler...can you tell me what the video pertained to...was there a title etc..was it on youtube?Thankyou.

crg

I think that's a bad idea and dishonest on their part. They probably won't process new adjustment paperwork from someone who is already an LPR.

A lot of this depends on if you were established in the US prior to the 1yr 9mo absence and how strong those ties were.

An immigration judge may be reluctant to take the status away if you have some ties. 1yr 9 months isn't that long to be out.

I wouldn't poo poo your chances if it even gets to removal proceedings. Claiming "WHEN" you lose and get deported is beyond presumptuous and really misrepresents the success rate in such cases.

They're trying to scare you into a course of action based on a flawed presentation of the facts.

Bob

Only down side to doing this, is because it's only a short flight back, they often find against you...

inapickleithink

Hi Bob.
have you heard about people being turned back because of the reason you state,I presume when you say "short flight" you mean short flight back to the UK?
Thankyou.

discoviking

If I was in OP's situation, I would do a consultation with Mr. Folinsky.

http://www.folinsky.com/

Bob

short flight back to the UK, yes...why anyone else would bother...

And people have posted about it on this site.

inapickleithink

Hi.
heres an email from lawyer 1.


Whether or not you stay, that is completely up to you. I still think that it would be best to file{renewal} prior to coming so that you can show the receipt
notice to the immigration officer when he sees your expired green card.

Departing from a location with a pre-boarding checkpoint sounds like a good plan. Some possible drawbacks that come to mind are the
considerations that I give to clients when they ask me about through which airport to enter in order to avoid trouble with immigration. I
generally tell them to enter through a busy airport where they have less time to check you out thoroughly, and in an airport where they have a
lot of people entering who generally are more problematic. With regard to the problematic people, for instance in New York they have a lot of
people entering from the Middle East who are possible security threats, in Miami you have a lot of Latin Americans entering who are bending
and breaking the immigration laws.

Regards.

************************************************** ******
Thought I would throw that in if its of any interest to anyone.
I have told lawyer 1 that I do not believe departing from an Irish airport is a good plan,his statement of it being a good plan was before I informed him of some possible problems with doing that......which he obviousley didnt think about.

inapickleithink

Hi.
my immigration lawyer has come up with {I think} a suitable plan.
what do you all think of ?

Dear Mike.
I have given you all of the information and considerations involved, but you need to make your own decision about how you want to approach
the matter. I will not make that decision for you.

I think that your best option is still trying to enter as a permanent resident after we file for renewal of your green card. That way you show
good faith in applying to renew the card. You should travel with your daughter so that it is more complicated for them to send you back. Also, I
would enter somewhere like ***, ******, or Miami. In other words, at a busy airport where they do not have so much time to take on each
case, and where they have a lot more complicated cases than yours to deal with (more possible security threats from people from the Middle
East, and more immigration violators and smugglers.)

If the immigration officer presents you with the choice of giving up the green card or having your case heard before an immigration judge in
the deportation process, then you should agree to give up the green card, and then we will go back through the immigration process based on
your daughter petitioning for you. Rather than them sending you back, then ask to be admitted under the Visa Waiver Program. Although you will
not have registered under ESTA you might still get admitted under the Visa Waiver. I have had some clients who have entered under Visa
Waiver, and when they showed the immigration officer their ESTA registration form, the officer asked them what that was about, and
mentioned that the program is not yet fully operational. That was several months ago, but it can be worth a try.

There is also the application for waiver of passport and/or visa, the form I-193. The immigration officer can admit you in B-2 tourist status
without having a valid tourist visa or outside of the Visa Waiver Program. You have to pay $545 in order to be admitted under this option. I
am attaching a copy of the form that you would fill out.

If you have to give up the green card, but still manage to enter the U.S. under Visa Waiver or the I-193, you can then apply for permanent
residence inside the U.S., which is a better and safer option than applying through the London Consulate.

This is what I consider the best approach. In the end, though, you have to make your own decision. I can only provide information and options
to enable you to make your own decision.

END OF EMAIL FROM LAWYER.

OK,Im waiting for a reply to this question,although he may not know the answer so I will ask here.

In the past when returning to the U.S I was asked by the person at the airline check - in to see my green card...last time I did this the rep said...oh good theres more than six months left on it...So, does anyone know what they may say this time when they see it has expired...or is that why the immigration lawyer has suggested to file for renewal prior to departure where I would be sent a receipt...proving I am in the process of renewing it.????

Any suggestions please would be helpful.

Thankyou.

Ray

I would not to be too worried about tha actual card running out ...

there are still 750k old non dated green card floating about
whick they seem in no rush to replace

Michelmas

I may be wrong, but I think what the lawyer is telling you to do here is illegal. The VWP is for visitors to use to visit and leave the US. If you enter the US under the VWP with the INTENT on remaining within the US, you will be breaking the immigration rules and could be subject to deportation.

I have read this thread before but not re-read it so I may be wrong, but with the expiry of you GC it does not mean your PR status has expired, only your card has.

XYZ123

Your lawyer is smart. This is exactly what I had told you right from the beginning when you started this thread. There is 95% chance that they will just let you enter as a PR and you will get your new Green Card after renewal by mail. It is extremely unlikely that a judge will terminate a person's PR for an absence of 1 year 9 months.

inapickleithink

Hi.
The whole situation is now getting even more complicated.

I was talking to a third lawyer today,actually I took a friend to Gatwick and got talking to this guy who turns out{he said} to own a huge immigration law firm in the U.S, he went on to say that he was the CEO and lead attorney,I told him about my current situation and informed him i was working with an immigration lawyer...I basically told him what my lawyers latest email said[Ive posted this email on this forum] and what our plan was...the guy in gatwick was shocked by what i told him and asked me how old my lawyer was and how much money I have already paid him...i told him that I thought my lawyer was about 40 something....this guy in gatwick went on to say that ONCE A GREEN CARD EXPIRES IT CAN NEVER BE RENEWED...YOU HAVE TO START AGAIN FROM SCRATCH.He gave me his number and asked me to contact him on monday.

What you guys think??

As a matter of interest...the person who i was dropping off was catching a flight to Atlanta with Delta...I watched how they took my guests passport{they are America} and seemed to scan it on a small computer screen...while we they were waiting to check in,all the details of the passport were clear on the screen,I then approached the person doing this and told them that i was planning on travelling to America in the very near future and that my G/C had expired,i went on to say that my lawyer would start the process of renewal in the U.S and send me a renewal receipt which I would bring with me to the airport along with my passport and expired G/C and would that be an acceptable way of doing things...the security person went on to say....Yes,i have come across that here at Gatwick and if you dont have the renewal receipt there would be a problem with getting on the flight,but if I bring the renewal receipt,passport and expired G/C he didnt see a problem.

Im dazed...and confused..............led zeppelin.