Reapplying for petition

[Mike E 11,723]

Just now, Hopeful2022 said:

If I ask someone in the usa to file i90 to renew green card, would it require them to finger print me? 

Sometimes they will finger print you. 

[Hopeful2022 74]

53 minutes ago, Mike E said:

Sometimes they will finger print you. 

i wont be able to do this route. can they send me back right then since my GC is expired when im already in the usa? 

[Hopeful2022 74]

On 11/9/2022 at 7:10 AM, Chancy said:

 

Even with an expired GC, you are still an LPR.  As an LPR, you cannot be deported or banned by CBP.  There are only two ways you can officially lose your LPR status -- either you surrender it yourself through submitting form I-407 or an immigration judge (IJ) revokes it.  CBP can take away your GC, but they cannot take away your LPR status.  So if you want to try your luck with CBP, here are the possible scenarios when you fly in to the US --

1. CBP will let you in, no questions asked.  This is less likely but still possible.
2. CBP will try to intimidate you to sign form I-407 to give up your LPR status.  Because your GC is expired, this is the more likely scenario.  It is up to you whether you want to sign or not.

• If you choose to sign I-407, before doing so, request that you be allowed in on B2 status.  CBP will take your GC and stamp your passport for B2 entry.  You will have a maximum of 6 months to legally stay in the US.
• If you decide not to sign I-407, respectfully request CBP to refer you to an IJ.  CBP will take your GC and stamp your passport with a temporary GC (I-551 stamp).  You will be allowed in to the US and will remain an LPR until your immigration hearing.  In this case, hire an immigration lawyer to discuss your options.

The above procedure is documented in the official CBP website -- https://help.cbp.gov/s/article/Article-3671?language=en_US

 

To increase the chances for you to be let in to the US without questions, you may try renewing your GC by submitting I-90.  Have the renewed GC mailed to a US address and ask a trusted friend or family member to send it to you by courier.  Fly in to the US only after you get the unexpired GC.  Note that this does not guarantee that you will be free of questions from CBP.  It will just make scenario #2 less likely.

 

Rather than taking a chance with CBP, of course it is your choice to simply restart the visa process and wait around 10 years (20 years if you get married) or so before you can return to live in the US again.  If that is what you decide, I recommend submitting form I-407 directly to USCIS before your father files a new petition for you.  Instructions here -- https://www.uscis.gov/i-407

 

In the I-130 petition, include a statement with the date you filed the I-407.  This is to avoid petition denial due to USCIS being confused that you are still an LPR.  For the I-130, a copy of your father's certificate of naturalization is sufficient proof of his US citizenship.  No need to renew his US passport.

 

thank u for these advices. im thinking try renewing the GC but i read that they may require finger print so may not be the best thing to do

[Hopeful2022 74]

On 11/9/2022 at 6:13 AM, IWander said:

Actually the OP said stubbornness and stupidity.  But it could be medical related, war or other Act of God, etc.  I don't think financial would qualify but you never know until you present your facts to the consulate 

i am gay and i was in a long term relationship at that time and my family did not agree with me and support me. my partner was sick that time and i decided to go home to take care of him. 

[Mike E 11,723]

40 minutes ago, Hopeful2022 said:

i wont be able to do this route.

why not?

 

Quote

can they send me back right then since my GC is expired when im already in the usa? 

 There are no legal grounds for deporting LPRs because they have expired GCs.  Again:

 

You can keep asking the same question, and I am not going to change my opinion which is based on my understanding of the law. 3 years ago I believed the conventional wisdom that legally LPRs can be denied entry.  Then I did my research, and I determined that this was an urban myth.  

Edited November 11, 2022 by Mike E

[Hopeful2022 74]

23 minutes ago, Mike E said:

why not?

 

 There are no legal grounds for deporting LPRs because they have expired GCs.  Again:

 

You can keep asking the same question, and I am not going to change my opinion which is based on my understanding of the law. 3 years ago I believed the conventional wisdom that legally LPRs can be denied entry.  Then I did my research, and I determined that this was an urban myth.  

so from i what i understand from all the replies: i can try to come back to the usa with expired green card... possible scenarios are CBP may force me to sign that form to surrender the green card or i ask them to schedule to see the IJ... so whatever i choose, i can still enter the usa?

Edited November 11, 2022 by Hopeful2022

[Mike E 11,723]

11 minutes ago, Hopeful2022 said:

 ... so whatever i choose, i can still enter the usa?

I am sorry but this is futile.  No matter  how many times I say yes you keep asking the same question. I’m out.  Good luck and I hope to resume your life in the U.S. soon.  

[Hopeful2022 74]

On 11/9/2022 at 7:10 AM, Chancy said:

 

Even with an expired GC, you are still an LPR.  As an LPR, you cannot be deported or banned by CBP.  There are only two ways you can officially lose your LPR status -- either you surrender it yourself through submitting form I-407 or an immigration judge (IJ) revokes it.  CBP can take away your GC, but they cannot take away your LPR status.  So if you want to try your luck with CBP, here are the possible scenarios when you fly in to the US --

1. CBP will let you in, no questions asked.  This is less likely but still possible.
2. CBP will try to intimidate you to sign form I-407 to give up your LPR status.  Because your GC is expired, this is the more likely scenario.  It is up to you whether you want to sign or not.

• If you choose to sign I-407, before doing so, request that you be allowed in on B2 status.  CBP will take your GC and stamp your passport for B2 entry.  You will have a maximum of 6 months to legally stay in the US.
• If you decide not to sign I-407, respectfully request CBP to refer you to an IJ.  CBP will take your GC and stamp your passport with a temporary GC (I-551 stamp).  You will be allowed in to the US and will remain an LPR until your immigration hearing.  In this case, hire an immigration lawyer to discuss your options.

The above procedure is documented in the official CBP website -- https://help.cbp.gov/s/article/Article-3671?language=en_US

 

To increase the chances for you to be let in to the US without questions, you may try renewing your GC by submitting I-90.  Have the renewed GC mailed to a US address and ask a trusted friend or family member to send it to you by courier.  Fly in to the US only after you get the unexpired GC.  Note that this does not guarantee that you will be free of questions from CBP.  It will just make scenario #2 less likely.

 

Rather than taking a chance with CBP, of course it is your choice to simply restart the visa process and wait around 10 years (20 years if you get married) or so before you can return to live in the US again.  If that is what you decide, I recommend submitting form I-407 directly to USCIS before your father files a new petition for you.  Instructions here -- https://www.uscis.gov/i-407

 

In the I-130 petition, include a statement with the date you filed the I-407.  This is to avoid petition denial due to USCIS being confused that you are still an LPR.  For the I-130, a copy of your father's certificate of naturalization is sufficient proof of his US citizenship.  No need to renew his US passport.

 

I’m planning to renew the GC and have it sent to my relative. It asked for where I live right now. Which one do I use the mailing address? 

[Edgar ADLC 1]

On 11/11/2022 at 10:53 PM, Mike E said:

Sometimes they will finger print you. 

 

Would you recommend still going with submitting the I-90 to renew GC in this case?

[Mike E 11,723]

3 minutes ago, Edgar ADLC said:

 

Would you recommend still going with submitting the I-90 to renew GC in this case?

Why not?

 

The plan is resume life in USA as an LPR. The sooner OP starts the process to get a new green card the better. While USCIS is processing I-90, get on  a plane.  
 

So:

 

* book the flight.  
* file I-90 a day before the flight leaves 

 

 

[Hopeful2022 74]

I filed I 90 and have scheduled for finger print for 1st week of December. I rescheduled it since im still abroad. I’m planning to fly by last week of December. I’m bringing the i 797 receipt letter and the CBP flyer about flying with expired GC in the airport. 

[Hopeful2022 74]

Hello Just an update: 

 

Today is my flight. Airline check in gave me a hard time questioning my expired GC despite showing them the i 797. They said it’s not enough. They left and called CBP. When they came back they said I can go. At the immigration counter they just stamped my passport. I’m now waiting to board. 
 

My question is, which CBP they called? Is it in LAX since that’s where I’m going? Will CBP wait for me in the airport? I’m really nervous 
 

thank you 

[Family 3,483]

39 minutes ago, Hopeful2022 said:

My question is, which CBP they called? Is it in LAX since that’s where I’m going? Will CBP wait for me in the airport? I’m really nervous

No need to worry, CBP will not be waiting for you at landing. At most you may need to answer a few questions in secondary. Airlines have a dedicated tel line to CBP which confirmed you were good to go ( confirmed your LPR status ).

Relax and enjoy your flight 

[Mike E 11,723]

1 hour ago, Hopeful2022 said:

which CBP they called?

https://www.cbp.gov/sites/default/files/assets/documents/2021-Dec/Reminder- LPR Boarding 20210305.pdf
 

They called the relevant phone number in that memo. 
 

Everyone who arrives at LAX on an international flight meets CBP.  
 

You have valid documents for entering the USA.  If there are kiosks, use those.  They will look at your face and most times instantly admit you entry into the USA.  

Edited December 23, 2022 by Mike E

[Hopeful2022 74]

just an update: 

 

i am stuck here in korea. i was about to board delta airline and the lady saw my expired GC and started asking me immigration questions such as when i left the usa and why i stayed that long, why i was not able to renew my GC right away, do i have extension letter, etc. she said she called the CBP hotline in the CBP memo i showed and she was told not to board me.  i told her that the korean airlines in the PHIL already called a CBP officer as well and was told it is ok to board me. she was told by the 2nd CBP that the 1st CBP was wrong in letting me board. so i called the number on that memo and spoke to a CBP. he told me that i should contact the US embassy about my situation. i told him about the CBP memo on their website and he said that that information was wrong. i told him it was on actual website, how come it was wrong. i asked if there is a supervisor i could talk to to verify the information he said.  he told me he was the only CBP working. I asked for his name just for record purpose and he said they are not allowed to tell there name? he was so rude and unprofessional and just said bye and hang up. 

 

the plane already left and i honestly dont know what to do. i am just confused as why the 1st CBP said i can board and the 2nd one says i cannot and that the memo on there website was wrong informatio?  it does not make sense.