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mayfield

NTA for Abandonment

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Filed: Country: United Kingdom
Timeline

Hello everyone,

Has anyone in the house been to a Notice to appear for green Card abandonment, My Dad was out of the country for a couple of years caring for his father because his mum died and his dad has since gone blind. Anyway he was coming back in JFK and they stopped him and gave him a NTA, now our question is do these things end with them returning the green card or should we seek other means for him to re apply, A lawyer suggested that we pay him and he would inform the DHS that he 'my dad' accepts that he abandoned the green card and would like to apply for a green card through my younger brother who happens to be an American citizen and old enough o file for him now..

Does this sound like his best option, or does anyone else have any Idea on this kind of case???

Thank you in advance for your help!

p.s if this is posted in the wrong section, kindly move it to where it should be....


12/24/2014.................forms i130, i485, i765, i131 mailed via usps12/26/2014.................forms delivered01/05/2015.................NOA1 for all forms wth 26th dec as priority date01/24/2015.................bio apt received for 02/0601/26/2015................. walk in bio failed, supervisor said that the office is way to busy to come back closer to my apt date02/06/2015................. completed biometrics02/11/2015.................Aos status update 'case is ready to be scheduled for an interview'<p>02/24/2015................EAD updated to 'card in production' AP updated to case approved

09/17/2015....... interview scheduled for OCT 21st.

10/21/2015....... attended interview, approved on the spot, also received updates on case status.

10/23/2015...... green card mailed

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Filed: Timeline

Get all paper-work together re; moms illness/death, evidences from doctors also

that dad is blind, and ask for compassion from the judge ( find another atty ) an atty

at the hearing would be helpfull If he loses that case then your USC brother over

21 yrs old can re-petition dad and either of you can step in as co-sponsor if he dont

make enough moneyt

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It will be an unhill battle fighting to keep his current green card. After a year outside the US there is a presumption that he has abandoned his residency. He should have obtained a re-entry permit at the time and that would have given him an extra year to decide what to do, but that time is past.

At his immigration court hearing it's likely that the judge will revoke his green card and terminate his LPR status. If he wants to fight it at that stage then obtain a good lawyer now, but it's a very unhill battle with no guarantee of success.

The easier solution, as the lawyer you have spoken with has mentioned, is to consent to abandoning his current green card (he can still do this at the hearing) and then your brother petitions your father anew.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Country: United Kingdom
Timeline

thank you both for your advice, will pass it on and let you know how the it goes and what he decides. Thnk you once again


12/24/2014.................forms i130, i485, i765, i131 mailed via usps12/26/2014.................forms delivered01/05/2015.................NOA1 for all forms wth 26th dec as priority date01/24/2015.................bio apt received for 02/0601/26/2015................. walk in bio failed, supervisor said that the office is way to busy to come back closer to my apt date02/06/2015................. completed biometrics02/11/2015.................Aos status update 'case is ready to be scheduled for an interview'<p>02/24/2015................EAD updated to 'card in production' AP updated to case approved

09/17/2015....... interview scheduled for OCT 21st.

10/21/2015....... attended interview, approved on the spot, also received updates on case status.

10/23/2015...... green card mailed

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