S Folinsky

Funny -- that "nothing but" turned out to be quite valuable. I will admit that I am somewhat surprised that the airport Dark Forces let him with with a welcome. I would have predicted either deferred inspection or NTA issued at the airport. I've seen it either way. Many airport people think "out one year -- issue NTA."

Bottom line, which the attorney advised, fight it out on U.S. soil.

hungryhorace

Isn't that what others here advised to be fair?

cinoz

You're completely right! Initially, I had schedule an appointment at the american embassy in France to apply for a returning resident visa. I honestly did not want to spend 150 dollars on an immigration lawyer knowing that more money would be asked after the consult and I couldnt really afford it (I think that's obviously why most people don't consult).

But a friend told me I should and I'm glad I did. The first thing the immigration lawyer told me was to cancel my appointment because the consulate officers were much more strict than immigration officers and that they would revoke my green card right away, and then she gave me advice on what documents could be in my favor if I were being interrogated at the airport (letter of employment, accommodation,taxes, 401K, etc...). As it turned out, they did not ask me any of that, although I made sure to mention that I had all those documents with me.

But yeah, a consult might actually change a lot of things

Trixie_b

Many congrats that it worked out for you

cinoz

Thank you!

I am not leaving the US again lol learnt my lesson

hungryhorace

In your circumstances, I completely disagree. You were told all this information in the thread already were you not?

I am not suggesting that people don't speak to a qualified immigration attorney in specific circumstances - I was fortunate enough to have access to our company retained immigration attorney during my L1-A and I FULLY appreciated their qualified advice around specific complex issues - but for an issue such as yours and many others (like filing green card paperwork) hiring an attorney is just pissing your money away.

scrubbedexpat099

Back on subject, I bumped into a guy who use to fly Long Haul for Continental, he confirmed Newark was a shithole.

cinoz

Actually you're wrong on that one. I am sure you've noticed that, on immigration forums, people always tell you different things. Whether it is on this forum or another one I had posted a message on, I have been told so different things such as" don't fly to JFK (too strict), schedule an appointment at the american embassy and apply for a returning resident visa, you will never keep your green card,etc..." I forgot but there were a lot more. but the applying for a returning resident visa came up quite a few times and the lawyer told me not to. So yes I did end up spending 500 dollars on a lawyer but I had good advice (and it was constant). Even though I appreciated everyone's comments in this thread and I was able to discuss some of it with my lawyer, well I still needed that "professional" advice.

So my advice (now it's my turn haha) is do pay for a consult with a lawyer (just a first consult) and then according to what you are being told, discuss that on forums such as this one and then if you think you need a professional looking at your case, then you'll spend more money on a lawyer.

It is especially too easy to say that for cases like mine, it is pissing my money away but did not you use to be a lawyer or at least had some very strong legal knowledge? a lot of people don't so what may seem obvious to you is probably not going to be for the majority of people.

Anyway, i enjoyed the debate though lol

best of luck!

hungryhorace

I did, yes, but that was only for my original L-1A transfer. I take your point, and speaking to an attorney definitely will give you peace of mind (to an extent), though my point was simply that people here told you to just fly to the US and take your chances - the attorney simply confirmed that point

Anyway, glad all worked out ok!

cinoz

Actually I had talked to an attorney before posting on this forum

But again all of you made some very good points in the thread about certain aspects of my situation, so I'm definitely grateful for that

Thanks, now back to starting my new life in the US

superkruz

Just to be sure.... how long were you absent from the US and what did you tell them were your reasons exactly? I ask this because my son could be in a similar position as you - he has been absent for 3 years due to studying in Australia and I'm curious as to his chances of re-entry should he decide to return.

Noorah101

Going to school is abroad is a common reason for being outside the USA for an extended time. My guess is that your son will be OK returning to the USA.

Rene

S Folinsky

Not that I disagree with this post. However, I've seen instances of "studying" where there is no specific degree program.

On "this reminds me" -- had a family who were confronted with abandonment issues, other than the country it was on all fours with the Huang case [physician immigrating and wife returning every year and purchase of house in California]. Even though mom returned every year, the son did not. Curiously, the son was returning to study at the same university as one of my daughters. Believe it or not, the minions of the Dark Forces at LAX admitted mom and placed the son in proceedings! Apparently, they slavishly followed the one-year out rule. We were able to have kid ride on mom's admission. Also, I don't think that the IJ nor the trial attorney really wanted to interfere with the kid's studies -- it was quite sympathetic.