After filing I-407 I was still able to return to the US. Does this mean I still have my green card?

[Elena99 13]

Hello,

I hope someone can tell me what my status might be. I arrived back in the US a month ago. I thought I had given up my green card status, but I was let through without issue.

How this happened is this:

Four months ago, I had a terrible argument with my husband and left to go back to my home country. I also filed form I-401 withdrawing my citizenship. Later, I realized how stupid that was. I requested help on this forum on what to do. Everybody who offered advice told me I no longer had green card status since I gave it up. I even got acknowledgement of that from USCIS.

I actually still had the physical card and used it to buy my ticket and fly back to the US. I thought the worst that could happen was I would be turned away, but I was let right in using my old card. I have been here for a month. Am I okay to stay or will I get a knock on the door and deported one day? I have not even gone to see my husband because he still thinks I never left my country. I am staying with friends but I can't stay here much longer. I would like to see him, but he would be very upset that I came here in this way. I am afraid he might even turn me in because he was upset I left him so quickly.

Is it safe for me to be in the country or is it a matter of time?  

[Crazy Cat 41,978]

If you actually filed a proper Form I-407, you are no longer a legal resident.  A submitted I-407 is generally irrevocable.  you cannot reverse the decision.  This will have consequences sooner or later.  I think you were admitted into the country in error..and you are in danger of removal.............  Your Green Card is voided....and you cannot use it lawfully.

Edited August 22, 2020 by Lucky Cat

[Elena99 13]

Thank you for your response LuckyCat. I think so too, but I really didn't think it would work. I did file the correct form because I got an acknowledgment a month later from USCIS.

I don't really have money for an attorney now but I was going to finally call my husband and tell him. He would have money for a lawyer, but I'm not sure how he feels about our marriage anymore. 

Thanks again for your reply.

[Crazy Cat 41,978]

Just now, Elena99 said:

Thank you for your response LuckyCat. I think so too, but I really didn't think it would work. I did file the correct form because I got an acknowledgment a month later from USCIS.

I don't really have money for an attorney now but I was going to finally call my husband and tell him. He would have money for a lawyer, but I'm not sure how he feels about our marriage anymore. 

Thanks again for your reply.

In my opinion, you will have to file an I-485 package and begin the adjustment of status process.....maybe a competent attorney can verify that.

[Elena99 13]

If my husband won't help me with this, would I have to go back? Do I need him for this?

[AstoriaAOS 33]

8 minutes ago, Elena99 said:

If my husband won't help me with this, would I have to go back? Do I need him for this?

 

Yes, I think you’ll need your husband. I don’t think you have any other way to adjust status at this point.

 

 

Edited August 22, 2020 by AstoriaAOS

[Crazy Cat 41,978]

7 minutes ago, Elena99 said:

If my husband won't help me with this, would I have to go back? Do I need him for this?

Yes, you need him for this.  Otherwise, you have no basis for adjustment.

[AstoriaAOS 33]

I am slightly concerned about what the USCIS will think regarding your using the GC to enter the country knowing that it was already invalid since you abandoned LPR.

[Crazy Cat 41,978]

Just now, AstoriaAOS said:

I am slightly concerned about what the USCIS will think regarding your using the GC to enter the country knowing that it was already invalid since you abandoned LPR.

The word "Misrepresentation" comes into my mind.......this could be a serious issue, imo.

[Elena99 13]

Thank you Astoria and Lucky Cat, I didn't think of my entry in to the US in that way. And I am worried to speak to him now. Would it be legal for me to work and earn money for good attorney to represent me? 

I read about accruing unlawful presence time. It seems I have 180 or face a 3 year ban on coming back. I could make enough money for a lawyer in 4 months. Does that seem like a reasonable strategy? 

 

[AstoriaAOS 33]

4 minutes ago, Elena99 said:

Thank you Astoria and Lucky Cat, I didn't think of my entry in to the US in that way. And I am worried to speak to him now. Would it be legal for me to work and earn money for good attorney to represent me? 

I read about accruing unlawful presence time. It seems I have 180 or face a 3 year ban on coming back. I could make enough money for a lawyer in 4 months. Does that seem like a reasonable strategy? 

 

No, there is no legal way for you to work. I would strongly recommend against pursuing unauthorized employment. You have no legal status at this point.

Edited August 22, 2020 by AstoriaAOS

[Crazy Cat 41,978]

8 minutes ago, Elena99 said:

Would it be legal for me to work and earn money for good attorney to represent me

I don't think you understand.  You entered the US using a voided green card. I am not an attorney, but I think you are inside the US unlawfully, and you knowingly misrepresented your status.

Edited August 22, 2020 by Lucky Cat

[Elena99 13]

Now I am worried about how I used my card to get here. I am suddenly worried that USCIS will go to my home in the US (where my husband lives). He doesn't know about this. How could USCIS find out if I am not breaking any laws. I have to work somewhere.

 

[Elena99 13]

I'm sorry, I'm just being very emotional and scared right now. I did a stupid things when I filed that form and made it even worse now by coming back. 

Thank you for your help. I see there isn't really any easy way to deal with what I did. 

[AstoriaAOS 33]

1 minute ago, Elena99 said:

Now I am worried about how I used my card to get here. I am suddenly worried that USCIS will go to my home in the US (where my husband lives). He doesn't know about this. How could USCIS find out if I am not breaking any laws. I have to work somewhere.

 

The USCIS has record that you filed your I-407 and abandoned your LPR. They also now have on record that you used the (invalid) GC to enter the country after your I-407 was approved. If they were to check again for whatever reason (e.g., AOS), it will likely be noted and scrutinized.