GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

Hey guys,

First of all I am sorry since I am not a British Expat :) I'm actually French (hopefully not too many french haters in this forum lol) but it is the first website and forum where I seem to find answers to some questions I have.

So here is my short story: I won the green card at the lottery a few years ago, I had to move to the US within 6 months (requirement) and I lived there for 2 years. After 2 years of hard work (2 jobs), I just could not do it anymore and decided to go back to France to sort out a few things. I then decided to go study in Australia so that I could get a real education and a real job. Problem is I did not really know about re entry permit and now I want to move back to the US (after 2 years). I contacted an immigration lawyer and she told me my best chance was to fly to the US and hope for the best (meaning, hope that the immigration officer wouldnt be too harsh and let me keep my green card).

i try to stay optimistic but Im prepared (even though im dreading it) to the fact that I might get my green card revoked.

I read about flying via Dublin which means that, if I were denied entry to the US, at least I wouldnt have to use all my savings to pay for the flight back home. But does anyone know if there is an us immigration judge there? Because I know that if I fly to the US and the immigration officer decides to not let me in the country, i can at least ask to appear in front of an immigration judge to plead my case. But what if I get denied entry in Dublin?

And has anyone ever experienced a situation like this (going back to the states without re entry permit after a couple of years).

For those of you who think I was stupid to "waste" a green card, feel free not to comment (i read those kind of comments on another forum and it is definitely not constructive) lol

Thanks for everyone who will read this and reply, I appreciate your help and advice.

Cheers :)

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

You are unlikely to be denied entry. You may get sent to secondary and pressure be applied on you to sign a form surrendering your GC. If you refuse to do this you are likely to be paroled into the US to go before an immigration judge.

Only an IJ can make the determination that you have abandoned your status.

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

I would have suggested the same as your lawyer. Here's a few things you need to know: 1) if you have ever had a claim to permanent resident status (PR = green card) you have the right to appear before an Immigration Judge (IJ) who will make the final determination of whether or not you have abandoned your status as a PR; 2) the CBP officer at the port of entry does not have the authority to revoke your status - only an IJ can do that; 3) you are a PR and you will stay a PR until such time as an IJ says you're not.

Now, that all said - the CBP officer does have the authority to detain you until such time as you appear before an IJ, but it's far more likely that you'll be paroled into the US pending the hearing.


I don't believe there is, no.


Several have, yes. You might also want to research the SB-1 visa.

Good luck to you.

Ian

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

You've had two good answers there - I just want to add that I think it would be better to go direct to USA (i.e. NOT via Dublin). Like others have said you may well be paroled in, and once in the USA you have more rights, and more access to experienced lawyers etc.

Now for a bit of a reality check (feel free to ignore). You struggled the first time and went off and did something else. If you want to go and fight for your LPR status it will probably take time, money, and effort. Are you ready to do that or will you just quit again? If you are going to quit - why bother spend the time and money on it? If a return flight home will wipe out your savings it is unlikely you ca afford to pay a good lawyer to sort things out for you. Not looking to be insulting - just trying to make you think carefully how committed you are...

Bonne chance!

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

Make sure to take evidence of your life in the US, Property, Car, Savings etc etc.

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

It would be interesting to know if U.S. federal tax returns have been filed. That is an obligation of all Lawful Permanent Residents and may also help support a claim that LPR has not been abandoned.

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

We've had people on BE that were out of the US for several years and re-entered the US without problems. Since we don't know what are the chances of being pulled into secondary, there may not be a need for an immigration lawyer. Even if he is paroled into the US, he then probably has a year or more to decide whether he wants to relinquish his green card and leave or go before an IJ.

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

Back filing would be a good idea I guess if he has not.

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

That's a bit if a characterisation of the process. He doesn't decide by himself. If he is paroled, he would likely be ordered to appear in court at the same time. Appearing is not optional. The IJ isn't only deciding whether the person keeps the LPR status. The court is deciding if the person is admissible as a permanent resident or removable.

If someone is setup to go before the IJ, it would be important for them to attend. If someone were to relinquish and the court wasn't aware and onboard, then the person could be removed in absentia and barred for 5 years or longer, even as a visitor. The person may be allowed to withdraw their application for admission and do an I-407, but that is not guaranteed especially if there are false statements at the border made during the attempt to get back in.

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

I don't feel insulted do not worry. I appreciate any comment. I did struggle the first time, that is true but the main thing is I was tired of having to work in retail or hospitality as I this is not what i wanted to do with my life. thats why i decided to leave and then go back to school to have a diploma in a field that i really wanted to work in. I now have a diploma, started connecting people on Linkedin who are in the industry i want to work in and know I can get a "real" job

I know I might struggle for the first few months as going back to the US is so sudden but I'm willing to take that risk

I'm already paying a lawyer so hopefully if I am in trouble, she will help me out lol

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

I am a "she" lol I did file taxes for the first year i was away, not the second year since as I had not been in the US, i did not see the point (mistake, I know) but it was only for last year and my lawyer told me it was not too late to do it :)

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

And one more question guys: a friend recommended that i don't arrive in JFK because immigration officers might be more strict than other airports That was confirmed by my lawyer

What do you think? If i can keep my green card, Im gonna be living in NYC so I don't see the point of arriving in LA or Seattle or somewhere far away from NYC lol Would Newark be better?

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

I don't agree with that advice - if anything a larger airport may mean a more cursory inspection due to the large volume of arrivals.

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

I suggest it's time to get a new friend.


Your lawyer is incorrect. You want to arrive at a large airport that gets a lot of immigrant traffic. You want the officers to actually know what they're doing and to have experience with a variety of situations.

Ian

Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?
 

now I have a dilemma
Newark or JFk? lol