Handing back green card - what needs to be done? I'm in doo-doo.

[simistar 2]

Hi there!

Haven't been on here for a WHILE, but holy cow everyone was super helpful when I applied for - and got! - my green card.

Now I have an issue I'm REALLY hoping some of you might have experience with or know about.

For starters....

Husband is American, I'm Canadian.

In brief: we moved to US for a little while, but then husband's work had him back here in Canada. We left the US permanently (or so we thought) in 2010.

I handed my green card in at Vancouver Airport to US customs. They took my card and gave me a photocopy. They also made me sign a

paper(s)...it said various things, cant remember all, but one section the guy had me write something to the effect of "I am moving to Canada but possibility of moving back to United States in future." I was given a photocopy of that as well (sorry, it's in my son's room and I can't wake him to get it right now:-))

And that was that. Or SO I THOUGHT!

Fast-forward to now... Husband needs to be transferred back to US... This time it's company's decision, not his, so they have lawyers dealing with most of the #######.

BUT I just found out today, the lawyers say I'm on a deportation list??? omg, whaaaa? They say I didn't fill out some paperwork that needed to be done when I handed in my green card!

Anyone know what I missed?? (woudln't customs agents have made me sign everything I needed to?) Lawyers have limited time and availability to talk so hoping to do some research before we talk next... as well, everyone on here knows lawyers can be... wrong:-)

Help...?

Thank you so much in advance!

[NikLR 13,220]

That sounds really odd. You are supposed to go to a US consulate or embassy to relinquish your card, not the CBP. Did you fill out this form? http://photos.state.gov/libraries/164203/dhs/I-407.pdf

[simistar 2]

Thanks so much!

Will get the form I filled out tomorrow morning and check. I honestly can't remember. (3-4 years ago... Sigh.)

I didn't know I had to hand it in at a consulate or embassy ... So yeah... Sounds like I screwed something up. Yikes. ( you'd think someone official would have said something...?)

Help much appreciated:)

[Teddy B 17,251]

I agree that it would be odd for you to be on a deportation list simply for turning in your greencard. Even if you didn't turn it in to the proper officials, it still doesn't make sense that you would be on that list. Lawyers have been wrong in the past.

[Harpa Timsah 13,258]

My guess is that you had a conditional card and that you didn't remove conditions so you automatically get put on a removal list. But, I don't know if it matters really because you can show the embassy that you did indeed leave. Did you have a 2-year card?

I wonder if a lawyer actually checked this list, or even has access, or is s/he is just saying what happens if you fail to remove condiitons.

Edited April 11, 2014 by Harpa Timsah

[warlord 72]

I think they just had the wording wrong. You abandoned your Green Card in 2010. Because of that, you have no US status at all and cannot live or work there until your husband sponsors you again (just like when he first did). It will be the exact same situation you were in when you first started and must re-do that entire process to get another Green Card and a new status. It is like you have never lived there.

Your name however would still be in the records, so in this case if you did happen to move to the US right now with your husband, you would be illegal and if found you would be departed as you do not have anymore status once you abandoned your Green Card.

So I think that's what the entire thing means and it just got screwed up in translation...

[Teddy B 17,251]

My guess is that you had a conditional card and that you didn't remove conditions so you automatically get put on a removal list. But, I don't know if it matters really because you can show the embassy that you did indeed leave. Did you have a 2-year card?

I wonder if a lawyer actually checked this list, or even has access, or is s/he is just saying what happens if you fail to remove condiitons.

This makes sense Harpa. I forgot that they put you on the removal list if you don't remove conditions.

[simistar 2]

That sounds really odd. You are supposed to go to a US consulate or embassy to relinquish your card, not the CBP. Did you fill out this form? http://photos.state.gov/libraries/164203/dhs/I-407.pdf

Thanks NLR,

I checked and the paper I signed is almost identical to the one you posted. It didn't say I-407 at the top BUT was titled Abandonment of Lawful Permanent Residence and asked all the same information.

Signed by agent/officer and myself. Hmmmmm.

Possible someone at YVR didn't file the paperwork? Or someone in immigration missed it??

[simistar 2]

My guess is that you had a conditional card and that you didn't remove conditions so you automatically get put on a removal list. But, I don't know if it matters really because you can show the embassy that you did indeed leave. Did you have a 2-year card?

I wonder if a lawyer actually checked this list, or even has access, or is s/he is just saying what happens if you fail to remove condiitons.

I did have a conditional card so did not remove conditions as I had moved back.

I'm not sure what lawyer has access to etc etc...My husband is meeting with one of his company's lawyers this afternoon so hopefully we'll know more by later today.

I checked and the paper I signed is almost identical to the one NLR posted...

I'm hoping this paperwork just got overlooked and the lawyer can show it to whomever and get the ball rolling ASAP on getting me off the deportation list!

I'll keep y'all posted on what the lawyers says... you know, in case anyone encounters this most bizarre problem:-)

[Harpa Timsah 13,258]

I did have a conditional card so did not remove conditions as I had moved back.

I'm not sure what lawyer has access to etc etc...My husband is meeting with one of his company's lawyers this afternoon so hopefully we'll know more by later today.

I checked and the paper I signed is almost identical to the one NLR posted...

I'm hoping this paperwork just got overlooked and the lawyer can show it to whomever and get the ball rolling ASAP on getting me off the deportation list!

I'll keep y'all posted on what the lawyers says... you know, in case anyone encounters this most bizarre problem:-)

Trying to fill in the gaps here but... I am thinking that the lawyer is trying to scare you and get you to use their service and get your money.

I don't think there is a "list" that people can check of people in removal proceedings... maybe someone can explain that better.

How long did it take the lawyer to determine that you were in removal proceedings? If it was like a day then I think they are just making it up.

Besides which, you left the country so you were not required to ROC. You were already "removed" as you had left the US. If the lines got crossed and they didn't realize you left but you did, then it should be easy to fix.

It does seem like you filled out the right form, so I think you did your best and I don't actually think there is anything wrong.

Maybe think back to how the lawyer told you this story and what you asked them to elicit this response.

[NikLR 13,220]

Thanks NLR,

I checked and the paper I signed is almost identical to the one you posted. It didn't say I-407 at the top BUT was titled Abandonment of Lawful Permanent Residence and asked all the same information.

Signed by agent/officer and myself. Hmmmmm.

Possible someone at YVR didn't file the paperwork? Or someone in immigration missed it??

Sounds like you did the right thing then. Do you still have a copy of your A# somewhere? (You'll need it regardless) You could call the USCIS and ask what is up and have your A# as your reference.

I agree with Harpa though, it sounds like the lawyer had fish for lunch.

[simistar 2]

Alrriiiiighty then.

Husband spoke with company lawyer this afternoon who deals with employees moving to and fro United States and Canada.

NLR and Harpa - I would tend to agree with you on the lawyer fishing (aren't they ALL?:-)) - except these are lawyers employed by my husband's company as this company has moved a LOT of employees back and forth between the US and Canada. That's not to say they wouldn't pad the bill, it's just in everyone's best interest, including theirs, to get this thing sorted.

All that said, they obviously didn't do their homework in terms of the documentation my husband and I sent them. (I said they were employed by my husband's company, I didn't they were GOOD :-))
Turns out, they didn't know I had signed that document.

This is the problem with having to go through HR, who then talks to the lawyers on your behalf I guess. It's like playing telephone.
So I also don't know how they know I'm on a deportation list, but they insist I am and until they can sort out this piece, they can't get started on getting me back into the country legally.

They did offer some hope in that it looks like if I signed that paper and handed in my green card, that maybe someone in US Immigration made the SNAFU. Maybe didn't file the paperwork? Maybe it was overlooked when they added me to the deportation list? I don't know. But PRAYING it can be sorted before the end of the world comes. I at least don't feel quite as panicked as I did last night:-)

Thank you all so much for your help - and I will most definitely keep everyone posted as to how this turns out since who knows, maybe someone else will be faced with this weird problem:-)

[simistar 2]

Sounds like you did the right thing then. Do you still have a copy of your A# somewhere? (You'll need it regardless) You could call the USCIS and ask what is up and have your A# as your reference.

I agree with Harpa though, it sounds like the lawyer had fish for lunch.

This is a GRAND idea NLR! I do have a copy of my Alien number somewhere...wouldn't that be great if all it takes is a phone call and a fax/email of the signed paper... I can hope, right?:-) You never know...lawyers do tend to try to complicate things:-)

[Harpa Timsah 13,258]

Why are you using corporate lawyers for a family-based case? I personally think they are used to work visas, and are not familiar with spousal stuff, and are getting all overexcited for no reason. You file your petition, wait, do NVC, have your interview, and if there is any question, then you show them your paperwork and proof that you departed the US when you said you did. The end.

[NikLR 13,220]

I really don't think filing the petition and going through the rest is going to hurt you. The USCIS would let you know ASAP if your petition was being denied because you were on the deportation list.

I say file away and stop wasting your time. It takes up to a year (sometimes more) to get the immigrant visa, so get the booty mooooving.