Green Card holder but haven't visited America for 3 years

[Boiler 47,526]

2 minutes ago, missileman said:

Can someone in this position be detained at POE and held until an IJ hears the case? I'm asking.....

They can.

[SusieQQQ 11,588]

43 minutes ago, missileman said:

Can someone in this position be detained at POE and held until an IJ hears the case? I'm asking.....

 

41 minutes ago, Boiler said:

They can.

Presumably in this instance holder would rather sign I407 (surely that would be offered as an option) and be put on next flight back to Japan, not only squelching visit plans but for sure that would be the end of any VWP eligibility?

Edited June 5, 2018 by SusieQQQ

[Boiler 47,526]

5 minutes ago, SusieQQQ said:

 

Presumably in this instance holder would rather sign I407 (surely that would be offered as an option) and be put on next flight back to Japan, not only squelching visit plans but for sure that would be the end of any VWP eligibility?

What we are wondering is why risk it?

 

Might be paroled in.

[az2014 381]

2 hours ago, mindthegap said:

I can read.

That is all very well and good but only works if she is approved for an ESTA and otherwise VWP eligible, which you wouldn't know until a 407 is filed and dealt with. If not able to get an ESTA, then it is visa time, with an uncertain timeline and risk of non-approval.

 

To me, the path of least resistance and lowest risk would be enter using the GC, and file an I-407 when in the US or when back in Japan at an embassy.

If in the US for a short while she would be unlikely to be detained to appear before a judge or receive an NTA when in the US - the backlog and waitlist is very long, and as a LPR case would be low priority for immigration court.

This is terrible advice.

 

Agree with Boiler and Susie, give up green card then apply for ESTA.

[Nitas_man 3,100]

Advice:  Fill out the form, take the green card and form to the embassy, and surrender it. 

 

The situation is not as bad here as implied.  It turns out that there is a de facto presumption of intent to maintain residency if you're holding a travel document, even an expired one.  That was pretty smart.  Still, since it's been expired for so long I wouldn't get within a thousand miles of an immigration line with what she's holding.  Choices are abandon and apply for entry as visitor or get an SB1 and enter as a resident.  Entering with the documents in hand?  She'll probably win the case but it's a lot of wasted time and effort just for a temporary trip.

 

This is from someone who DID abandon a green card and DID leave again for (4) years with the next green card and DID have a valid green card / expired travel document but chose the SB1 (returning resident) route.  We already got shaken down pretty good for being out 11 months a few years ago.  It's rough LOL.

Edited June 5, 2018 by Nitas_man

[Nitas_man 3,100]

On ‎6‎/‎4‎/‎2018 at 5:28 AM, AS&YI said:

Hi All,

 

I assume they will take her green card at the port of entry.

 

Thanks

They actually cannot take a green card at the port of entry no matter how hard they try.  They can detain her pending deportation proceedings or they can give her a court date or they sometimes ask for voluntary surrender and put you back on the next flight out but they can't take it until a judge orders it taken.  

What they usually do is schedule a court date and let the immigrant through to face the music later.  But not always.  They can hold her indefinitely until a ruling is made one way or the other.

[geowrian 22,339]

7 hours ago, mindthegap said:

To me, the path of least resistance and lowest risk would be enter using the GC, and file an I-407 when in the US or when back in Japan at an embassy.

Least resistance, assuming they don't detain her at POE. Personally, I think the I-407 abroad then an ESTA is the path of least resistance.

 

6 hours ago, missileman said:

Can someone in this position be detained at POE and held until an IJ hears the case? I'm asking.....

Yes.

 

They could also permit them to relinquish the green card via an I-407 then let them apply for an ESTA. The reason I like doing the I-407 and trying for an ESTA beforehand is because:

1) The odds of just being admitted as an LPR appear to be very low. They don't want to live in the US, stayed abroad for years, likely doesn't have many ties to the US anymore, etc.

2) Risk of detainment.

3) An ESTA, even if approved, can take hours or days. Normally it's instant/near-instant, but not always. It just seems unnecessarily risky to rely on an instant ESTA response. I know I would prefer to be certain if I am approved for the ESTA before I buy the tickets, let alone fly across the globe.