Dealing I-751 Divorce waiver with Wrong Green Card.

[banteras 0]

Its from the inspector CBP manual :

A lawful permanent resident is NOT considered to be seeking admission unless the alien:

- has abandoned or relinquished that status;
- has been absent continuously for more than 180 days;
- has engaged in illegal activity after departing the U.S.;
- has departed under legal process seeking removal;
- has committed certain criminal offenses;
- is attempting entry without inspection; or
- has entered the U.S. without authorization by an immigration officer.

 

If you believe a lawful permanent resident may be inadmissible or no longer entitled to lawful permanent resident status, you must first determine whether the alien is seeking admission within the meaning of section 101(a)(13)(C). If you determine the returning resident is seeking admission, (THAT WILL BE THE CASE IF YOU ARE OUT MORE THAN 180 DAYS )you should refer the alien for removal proceedings under section 240 of the Act as an alien inadmissible under section 212(a) of the Act.