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

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

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Old Feb 2nd 2014, 12:49 am
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

JFK
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Old Feb 2nd 2014, 12:51 am
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Originally Posted by cinoz
now I have a dilemma
Newark or JFk? lol
For immigration purposes...it doesn't matter.

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Old Feb 2nd 2014, 1:16 am
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Thank you guys!
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Old Feb 2nd 2014, 1:21 am
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Newark is a shithole.
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Old Feb 2nd 2014, 1:50 am
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Originally Posted by Boiler
Newark is a shithole.
lol really? whats wrong with it?
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Old Feb 2nd 2014, 1:55 am
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Well for starters it's not even in the same state as New York City but its also something of a trek to get there - the most effective route is the train into Penn station but that isn't easy when carrying any luggage.
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Old Feb 2nd 2014, 2:48 am
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Originally Posted by Boiler
Newark is a shithole.
I'd rather fly into Newark than JFK.
Originally Posted by civilservant
Well for starters it's not even in the same state as New York City but its also something of a trek to get there - the most effective route is the train into Penn station but that isn't easy when carrying any luggage.
In my opinion, it is easier to get from Newark to Manhattan than JFK to Manhattan. Also there are more connecting flights from Newark than JFK.

Last edited by Michael; Feb 2nd 2014 at 2:51 am.
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Old Feb 2nd 2014, 1:21 pm
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Originally Posted by Michael
I'd rather fly into Newark than JFK. In my opinion, it is easier to get from Newark to Manhattan than JFK to Manhattan. .....
In mine too
Originally Posted by civilservant
.... but its also something of a trek to get there - the most effective route is the train into Penn station but that isn't easy when carrying any luggage.
There's a direct express train into NYC. Way easier than JFK.
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Old Feb 2nd 2014, 4:00 pm
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Originally Posted by Michael
In my opinion, it is easier to get from Newark to Manhattan than JFK to Manhattan. Also there are more connecting flights from Newark than JFK.
Herein lies the answer: it really depends on your final destination. I was always heading to Brooklyn, so LGA and JFK were the obvious choices.
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Old Feb 2nd 2014, 4:15 pm
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

I'd join in recommending EWR over JFK as an airport.

On the legal front, legal consultation is highly recommended. Please note that most immigration lawyers are not all that conversant in "abandonment" law. In your consultation [which I would recommend avoiding "free" ones], you may want to inquire if the lawyer has tried at least one abandoment case.

The two "mother" cases are Matter of Kane and Matter of Huang.

When I was in practice, I would read these cases over whenever I had an abandoment case and every time I had a "how did I miss that" reaction.

Note that these cases tend to be quite fact specific. You indicate facts that might very well be helpful.

Note that I am semi-retired and do not take cases.

Good luck.
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Old Feb 2nd 2014, 5:07 pm
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Semi?

So what do you do?

I know Walmart have cut their greeters.
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Old Feb 3rd 2014, 5:02 am
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Originally Posted by S Folinsky
I'd join in recommending EWR over JFK as an airport.

On the legal front, legal consultation is highly recommended. Please note that most immigration lawyers are not all that conversant in "abandonment" law. In your consultation [which I would recommend avoiding "free" ones], you may want to inquire if the lawyer has tried at least one abandoment case.

The two "mother" cases are Matter of Kane and Matter of Huang.

When I was in practice, I would read these cases over whenever I had an abandoment case and every time I had a "how did I miss that" reaction.

Note that these cases tend to be quite fact specific. You indicate facts that might very well be helpful.

Note that I am semi-retired and do not take cases.

Good luck.
Thank you. I contacted an immigration lawyer and had a consultation with her (not free). I had, before consulting her, made an appointment at the american embassy for a returning resident visa interview and she told me to cancel it right away, that I would lose my green card without a doubt cause I did not qualify for that kind of visa. She advised me to just take a risk and fly to the US and hope that the immigration officer would be nice enough to let me keep my green card.. And that I should fill out a re entry permit that she would send on my arrival in the US. I am still confused about this since I would not want the immigration officer to be "so you're moving back to the states but you are sending a re entry permit application which people use when they want to leave temporarily the usa" but she told me she would explain to me the reason why its good to do that (still waiting).

Would you happen to know about Dublin's pre clearance rules? From what I read, if a permanent resident arrives in the US and the immigration officer wants to revoke their green card, the permanent resident can still ask to appear in front an immigration judge. but what about Dublin? If you get denied, do you also have that possibility?
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Old Feb 3rd 2014, 11:40 am
  #28  
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Originally Posted by cinoz
... she told me to cancel it right away, that I would lose my green card without a doubt cause I did not qualify for that kind of visa.
I suggest you ask someone else, because she's an idiot. Applying for the SB-1 is the correct and appropriate course of action if you have a green card and are looking to re-establish yourself in the US. Whether you want to file an SB-1 is up to you - indeed, I suggest you read the instructions and see if you qualify (you've already done that, right?)... but her comment is totally stupid.


... I should fill out a re entry permit that she would send on my arrival in the US.
She really is an idiot. You must apply for a re-entry permit before you leave the US.


From what I read, if a permanent resident arrives in the US and the immigration officer wants to revoke their green card...
The officer does not have the authority to revoke your green card. I'm pretty sure I already explained that to you.


... can still ask to appear in front an immigration judge.
You wouldn't be asking permission... you have the right to appear before an IJ. The officer can't deny you that right! The officer might think he can... but he can't. He might think he can force you to relinquish your green card... but he can't. He might push you to sign form I-407 (as always... Google is your friend)... but you are not obligated to sign it and, indeed, should not sign it no matter how much you might feel pressured into doing so.


If you get denied, do you also have that possibility?
Probably not, insofar as there aren't any IJ's outside the US... at least, not that I know of.

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Old Feb 3rd 2014, 12:41 pm
  #29  
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Actually I dont think she is, not on that point anyway. I really do not qualify for a returning resident visa. To qualify, I should prove that my protracted stay abroad was caused by reasons beyond your control and for which you were not responsible. (leaving the usa cause i needed a short break and then decided to go study abroad is definitely not something "beyond my control"


What she meant (and I still need to ask her questions about that) is that i'll fill it out and it will just show (if im being asked) the POE officer that I will never again leave the usa without notifying the department of immigration. hopefully thats she meant lol


"The officer does not have the authority to revoke your green card. I'm pretty sure I already explained that to you."

I did understand that but even though he cannot revoke it, from what I understood, he's the one who gets to decide if im denied entry, or if i need to further explain my situation to a supervisor, so he still have pretty much a lot of power should I have to experience a bad immigration process.


"You wouldn't be asking permission... you have the right to appear before an IJ. The officer can't deny you that right! The officer might think he can... but he can't. He might think he can force you to relinquish your green card... but he can't. He might push you to sign form I-407 (as always... Google is your friend)... but you are not obligated to sign it and, indeed, should not sign it no matter how much you might feel pressured into doing so."

That's definitely something I need to be prepared for. Immigration processes freak me out, no matter the country and even though I am an honest person and have nothing to hide. and american immigration officers are pretty much very intimidating (thats their job) so I have to get ready to be strong.



Thank you for your message

Last edited by cinoz; Feb 3rd 2014 at 12:45 pm.
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Old Feb 3rd 2014, 1:53 pm
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Default Re: GC holder (hasn't been in the US for 2 years) Flying via Dublin?

Originally Posted by cinoz
"The officer does not have the authority to revoke your green card. I'm pretty sure I already explained that to you."

I did understand that but even though he cannot revoke it, from what I understood, he's the one who gets to decide if im denied entry, or if i need to further explain my situation to a supervisor, so he still have pretty much a lot of power should I have to experience a bad immigration process.
IF the CBP decides to put you before an IJ, the very strong likely hood is that you will be paroled entry, unless you are otherwise inadmissible. The IJ will then decide whether you have abandoned your LPR status or not.

What she meant (and I still need to ask her questions about that) is that i'll fill it out and it will just show (if im being asked) the POE officer that I will never again leave the usa without notifying the department of immigration. hopefully thats she meant
No, it's not. You're seriously going to notify USCIS everytime you leave the United States? Of course not.
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