British Expats

British Expats (https://britishexpats.com/forum/)
-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   Green Card revoked? (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/green-card-revoked-635041/)

meauxna Oct 12th 2009 8:43 pm

Re: Green Card revoked?
 

Originally Posted by XYZ123 (Post 8011099)
I have to stand by my previous post. Don't waste your money on a lawyer just yet. Just fly in and flash your Green card. 99% probability you go through without any problems. If they do give you problems, THEN you will need a lawyer. But why waste your money before any problem arises.

You stand by your previous post, all except the lying about how long he's been away, right? :)

3...messages describing anything against the law is not allowed and will be removed.

bendannett Oct 12th 2009 9:40 pm

Re: Green Card revoked?
 
If the BPO determines that I have abandoned my GC and therefore schedules an interview with a immigration judge, is it possible to remain in the US under the visa waiver program? (British Passport) for up to 3 months?

Noorah101 Oct 12th 2009 9:47 pm

Re: Green Card revoked?
 

Originally Posted by bendannett (Post 8011257)
If the BPO determines that I have abandoned my GC and therefore schedules an interview with a immigration judge, is it possible to remain in the US under the visa waiver program? (British Passport) for up to 3 months?

The POE officer does not make the determination that you've abandoned anything. If they have doubts, they'll let you in, but you have to straighten it out with an IJ. You won't be in the USA on the VWP. You might be able to spend 3 months in the USA, or perhaps even longer, depending on how long it takes to get that meeting with the IJ. I believe you will be spending your time in detention until you see the IJ. Or, if you have an attorney, perhaps there is a way to get out of detention, but you won't be able to work or anything.

Rene

Sharron_ Oct 12th 2009 10:16 pm

Re: Green Card revoked?
 

Originally Posted by XYZ123 (Post 8011099)
I have to stand by my previous post. Don't waste your money on a lawyer just yet. Just fly in and flash your Green card. 99% probability you go through without any problems. If they do give you problems, THEN you will need a lawyer. But why waste your money before any problem arises.

Which Airport are you flying in to?

When I have landed at Chicago....they take my GC and look at it...take my passport and look at it. Then they scan them.....There's no flashing it. Then they ask me a few questions.

The bottom line is if the guy wants to be certain of entry then he should follow the appropriate advice here. If not and he wants to the run the risk of not being allowed to work and perhaps being detained......then follow your great advice.

A I Oct 12th 2009 11:38 pm

Re: Green Card revoked?
 

Originally Posted by ian-mstm (Post 8010715)
To be precise, he is a US permanent resident until an Immigration Judge says he isn't. It's not until "someone takes it away".


Ian

True, I meant Someone with Authority. I sure hope this could not be misinterpreted to say that if someone grabbed your card away from you, your Residency is gone.

The point I tried to make is that he can consider himself a Resident until the US government tells him he is not.

crg Oct 13th 2009 12:28 am

Re: Green Card revoked?
 

Originally Posted by bendannett (Post 8011257)
If the BPO determines that I have abandoned my GC and therefore schedules an interview with a immigration judge, is it possible to remain in the US under the visa waiver program? (British Passport) for up to 3 months?

If you're scheduled to see a judge you'd be paroled into the US, not admitted.

bendannett Oct 28th 2009 12:08 am

Re: Green Card revoked?
 

Originally Posted by Noorah101 (Post 8011270)
The POE officer does not make the determination that you've abandoned anything. If they have doubts, they'll let you in, but you have to straighten it out with an IJ. You won't be in the USA on the VWP. You might be able to spend 3 months in the USA, or perhaps even longer, depending on how long it takes to get that meeting with the IJ. I believe you will be spending your time in detention until you see the IJ. Or, if you have an attorney, perhaps there is a way to get out of detention, but you won't be able to work or anything.

Rene

Forgive me, but are you saying that they will let me in, or I will have to spend time in detention, before seeing an IJ?

Folinskyinla Oct 28th 2009 2:25 am

Re: Green Card revoked?
 

Originally Posted by bendannett (Post 8007310)
I am a Green Card holder of 8 years. My job in the film Industry takes me all over the world. Last year I worked in The UK, but due to the recession the work came to a halt, so I applied for work in the US. This also came to no avail due to lack of jobs in the film industry (in my specialized area of expertise) So I had to travel further afield to New Zealand!
I stopped in transit in LA on the way to NZ but I didn't have time to sort out a reentry permit.
I am planning on returning to the US next month to resume employment, but I'm concerned that they won't let me return.

Is there anything I can do before I return, like visiting the NZ consulate? Will they be able to tell me if I still have a valid Green Card?

~Thanks

Jeez:

I see that this thread took place while I was in Vietnam and was not on the internet all that much.

Consult with an attorney who is experienced in abandonment law -- preferably one who has tried one or two of the beasties.

BTW, do file those past tax returns.

ian-mstm Oct 28th 2009 12:26 pm

Re: Green Card revoked?
 

Originally Posted by bendannett (Post 8050109)
Forgive me, but are you saying that they will let me in, or I will have to spend time in detention, before seeing an IJ?

You will likely not be admitted, but rather paroled in (huge legal difference)... and yes, you might be put in detention until you see an IJ. The one thing no one here can tell you, is what will definitely happen when you enter the US with your GC. There's just too many variables including whether or not the POE officer is having a bad hair day.

Ian

Folinskyinla Oct 28th 2009 3:20 pm

Re: Green Card revoked?
 

Originally Posted by ian-mstm (Post 8051547)
You will likely not be admitted, but rather paroled in (huge legal difference)... and yes, you might be put in detention until you see an IJ. The one thing no one here can tell you, is what will definitely happen when you enter the US with your GC. There's just too many variables including whether or not the POE officer is having a bad hair day.

Ian

My dear sanctimonious prick:

Which one is it? Parole or detention? I find your post confusing.

ian-mstm Oct 28th 2009 4:34 pm

Re: Green Card revoked?
 

Originally Posted by Folinskyinla (Post 8051967)
Which one is it? Parole or detention?

Wasn't that clear? It's either one or the other. Hmm... I should have used "or" rather than "and". :)

Ian


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