Out of the country for 1year++ (1year 2weeks and counting), wanting to move back by June'23

[hopeful_immigrant 1]

Hello everyone.

Background:
I have been a US LPR via lottery since 2016 (the "resident since" date I have on my 10 year GC card expiring 2028).
Married to a US born citizen way before 2016 - and still married to the same USC.
Moved to the USA in Aug 2018 with whole family.
Moved out of USA at the height of the pandemic - Dec 2020) - Covid, being close with immediate family members were among the reasons moving out of the USA.
Have 4 biological kids together with the USC (2 kids were born in the USA)
Everyone in the family has US passport EXCEPT myself - the only LPR in the family.

Went to "reset" the clock in 2021 - stayed for around 9 days, left USA again exactly on Dec 2nd 2021, and have not gone back to the USA since. Didn't try to apply re-entry permit as i knew i could not get it done quickly.

All these while i have been working remotely for a US based company via a local (my country) outsourcing company - so i am not a direct employee of the US company but It is the same company i worked in the USA since 2018.

Have been filing US taxes since i moved out of USA.

I thought of abandoning my GC and LPR status but now there seems to be a need for the whole family to move back into the USA by middle of next year (2023).

Questions:
1. What would be my chance to re-enter USA if i purchase a flight ticket June 2023 for the whole family into the USA considering myself being out of the country for more than 1 year now?
2. Would having an employment increase my chance of being granted re-entry? (basically i would still be working with the same employer - this time as a local employee - instead of an contract-outsource like currently) I believe my employer can produce me some letters of support, saying that i have been working for them since 2018 - and now i am working for them locally or something - if that would be of any weight to the immigration officer.
3. Would they grant entry for my family but deny me entry?
4. Worse case scenario: if i am being paroled in, how would my situation look like in front of the immigration judge?
5. And if i am stripped of my LPR status (by the immigration judge), can i stay in the USA while my wife petitions for me?

I have not read any stuff related to "LPR facing immigration judge" or what to expect etc, so if anyone can direct me to any useful threads, that would be very helpful - just want to be prepared in the event i am being denied entry if i attempt this next year.

(I read that applying for SB-1 will automatically trigger my LPR status as abandoned - and my GC to be rendered invalid - so unsure if i should even consider applying for SB-1 considering my circumstances might not be that extraordinary - as in I can go back to the USA anytime but haven't done so due to working at my home country)

[Mobius1 175]

A lot depends on the officer as they have complete authority of who they let in. 

 

You do have some good things going on for you for example Taxes and the US based employment. 

 

What they look for are ties to the US, if maintained. Best indicators are immediate family still residing in the US, your house / property/ bank among others in the US.

[hopeful_immigrant 1]

2 minutes ago, Mobius1 said:

A lot depends on the officer as they have complete authority of who they let in. 

 

You do have some good things going on for you for example Taxes and the US based employment. 

 

What they look for are ties to the US, if maintained. Best indicators are immediate family still residing in the US, your house / property/ bank among others in the US.

 

yeah i am hoping the officer would be lenient, as i will be travelling with my whole family, and i am the only non citizen in the group.

 

Are there any readings/links on what will happen once someone got paroled in? (i am not gonna sign any documents to give up my GC at the immigration counter - as entering with a tourist visa would be pointless - need to start working after entering USA). Wanna know how people deal/manage immigration court. 

[Mobius1 175]

42 minutes ago, hopeful_immigrant said:

 

yeah i am hoping the officer would be lenient, as i will be travelling with my whole family, and i am the only non citizen in the group.

 

Are there any readings/links on what will happen once someone got paroled in? (i am not gonna sign any documents to give up my GC at the immigration counter - as entering with a tourist visa would be pointless - need to start working after entering USA). Wanna know how people deal/manage immigration court. 

 

Trust that I am not trying to scare you but giving you worst possible cases so you could prepare ahead of time:

 

Immigration courts as I hear are very much backed up. It would take 3-4 years until one gets a hearing. 

 

You may have the option not to sign abandonment of GC but also a lot depends on officer, if they give it back.

 

Lastly, getting a tourist visa after this may not be possible since you have already shown "Immigrant intent".

 

I am not a lawyer nor expert in immigration law, mine are but informed opinions.

[Mike E 11,727]

1. Legally it is 100 percent.  You legally cannot be denied entry.  The only question is whether you will be processed as a returning resident (good) or arriving alien (bad). If the latter you will likely get an NTA, your gc taken, and replaced with an I-551 stamp.  You should return now and fly into an airport that uses facial recognition kiosks to minimize interactions with CBP. 
 

2. It  will increase  chances of no NTA

 

3. See 1

 

4. Since your wife can petition you, your lawyer might argue that revoking your LPR status is pointless. 

 

5. I believe so, but this is not DIY

 

I believe the consulate will reject your SB-1 application. 

Edited December 9, 2022 by Mike E

[iwannaplay54 985]

20 hours ago, hopeful_immigrant said:

Hello everyone.

Background:
I have been a US LPR via lottery since 2016 (the "resident since" date I have on my 10 year GC card expiring 2028).
Married to a US born citizen way before 2016 - and still married to the same USC.
Moved to the USA in Aug 2018 with whole family.
Moved out of USA at the height of the pandemic - Dec 2020) - Covid, being close with immediate family members were among the reasons moving out of the USA.
Have 4 biological kids together with the USC (2 kids were born in the USA)
Everyone in the family has US passport EXCEPT myself - the only LPR in the family.

Went to "reset" the clock in 2021 - stayed for around 9 days, left USA again exactly on Dec 2nd 2021, and have not gone back to the USA since. Didn't try to apply re-entry permit as i knew i could not get it done quickly.

All these while i have been working remotely for a US based company via a local (my country) outsourcing company - so i am not a direct employee of the US company but It is the same company i worked in the USA since 2018.

Have been filing US taxes since i moved out of USA.

I thought of abandoning my GC and LPR status but now there seems to be a need for the whole family to move back into the USA by middle of next year (2023).

Questions:
1. What would be my chance to re-enter USA if i purchase a flight ticket June 2023 for the whole family into the USA considering myself being out of the country for more than 1 year now?
2. Would having an employment increase my chance of being granted re-entry? (basically i would still be working with the same employer - this time as a local employee - instead of an contract-outsource like currently) I believe my employer can produce me some letters of support, saying that i have been working for them since 2018 - and now i am working for them locally or something - if that would be of any weight to the immigration officer.
3. Would they grant entry for my family but deny me entry?
4. Worse case scenario: if i am being paroled in, how would my situation look like in front of the immigration judge?
5. And if i am stripped of my LPR status (by the immigration judge), can i stay in the USA while my wife petitions for me?

I have not read any stuff related to "LPR facing immigration judge" or what to expect etc, so if anyone can direct me to any useful threads, that would be very helpful - just want to be prepared in the event i am being denied entry if i attempt this next year.

(I read that applying for SB-1 will automatically trigger my LPR status as abandoned - and my GC to be rendered invalid - so unsure if i should even consider applying for SB-1 considering my circumstances might not be that extraordinary - as in I can go back to the USA anytime but haven't done so due to working at my home country)

You’re a perfect SB1 candidate if you are working for a US company overseas and are filing US taxes.  Especially if your company is willing to document that they are transferring you home.

With that said your LPR status is valid even if you are given a court date at entry.  Nobody can take your green card but a judge and if you demonstrate you never intended to abandon status the chances of that happening are remote. 
Are you still banking in the US?  Hold US credit cards?  Retirement or investment accounts?  Anything else you are maintaining?

Edited December 10, 2022 by iwannaplay54

[hopeful_immigrant 1]

On 12/9/2022 at 7:24 PM, Mike E said:

1. Legally it is 100 percent.  You legally cannot be denied entry.  The only question is whether you will be processed as a returning resident (good) or arriving alien (bad). If the latter you will likely get an NTA, your gc taken, and replaced with an I-551 stamp.  You should return now and fly into an airport that uses facial recognition kiosks to minimize interactions with CBP. 
 

2. It  will increase  chances of no NTA

 

3. See 1

 

4. Since your wife can petition you, your lawyer might argue that revoking your LPR status is pointless. 

 

5. I believe so, but this is not DIY

 

I believe the consulate will reject your SB-1 application. 

Thank you, gives me a bit of hope for my plan next June.

[hopeful_immigrant 1]

22 hours ago, iwannaplay54 said:

You’re a perfect SB1 candidate if you are working for a US company overseas and are filing US taxes.  Especially if your company is willing to document that they are transferring you home.

With that said your LPR status is valid even if you are given a court date at entry.  Nobody can take your green card but a judge and if you demonstrate you never intended to abandon status the chances of that happening are remote. 
Are you still banking in the US?  Hold US credit cards?  Retirement or investment accounts?  Anything else you are maintaining?

 

 

SB-1 is not something that I am planning to use, as nothing is extraordinary of my situation. It will just show the system that I am admitting my LPR status to have been abandoned hence the need for SB1.

 

Me working remotely for my company via an outsourcing company might not be of any use to the SB1 application. 

 

I still maintain my banks in the USA, still have my credit card etc. Apart from working with the same US company since 2018 (though right now not directly as I am employed by an outsourcing company that supplies contract workers to my US company), and having my bank accounts, credit cards, and filing taxes, nothing much to show my ties with the USA. 

 

Still I will ask for my US company to provide a letter of support showing that I have been working for them since 2018 and now I am working on site beginning July 2023.

[hopeful_immigrant 1]

On 12/9/2022 at 3:23 PM, Mobius1 said:

 

Trust that I am not trying to scare you but giving you worst possible cases so you could prepare ahead of time:

 

Immigration courts as I hear are very much backed up. It would take 3-4 years until one gets a hearing. 

 

You may have the option not to sign abandonment of GC but also a lot depends on officer, if they give it back.

 

Lastly, getting a tourist visa after this may not be possible since you have already shown "Immigrant intent".

 

I am not a lawyer nor expert in immigration law, mine are but informed opinions.

Tourist visa in the context of my comments was more on what could happen at the border during my entry. Whether I will be allowed to enter but have to give up my GC and enter as non resident (tourist) or other typical options.

 

So if NTA cases are taking ages, how long does it usually take to deal with an issue like mine? 3-4 years ? That is just weird. 

 

What status I am going to be in while waiting then? And can I still apply for N400 if it passes 3 years before I have my hearing??

[Mobius1 175]

3 minutes ago, hopeful_immigrant said:

Tourist visa in the context of my comments was more on what could happen at the border during my entry. Whether I will be allowed to enter but have to give up my GC and enter as non resident (tourist) or other typical options.

 

So if NTA cases are taking ages, how long does it usually take to deal with an issue like mine? 3-4 years ? That is just weird. 

 

What status I am going to be in while waiting then? And can I still apply for N400 if it passes 3 years before I have my hearing??

One of 3 things may happen:

 

1) Officer believes your didn't abandon your GC and lets you in

2) Officer paroles you in for a hearing before the judge

3) Officer doesn't let you in

 

3-4+ years, yea that's the fallout by the previous admin. 

 

Its a limbo state, pending hearing / deportation or something.

 

N400? no. They will ask you to clear what you have before the judge.

[iwannaplay54 985]

12 hours ago, hopeful_immigrant said:

 

 

SB-1 is not something that I am planning to use, as nothing is extraordinary of my situation. It will just show the system that I am admitting my LPR status to have been abandoned hence the need for SB1.

 

Me working remotely for my company via an outsourcing company might not be of any use to the SB1 application. 

 

I still maintain my banks in the USA, still have my credit card etc. Apart from working with the same US company since 2018 (though right now not directly as I am employed by an outsourcing company that supplies contract workers to my US company), and having my bank accounts, credit cards, and filing taxes, nothing much to show my ties with the USA. 

 

Still I will ask for my US company to provide a letter of support showing that I have been working for them since 2018 and now I am working on site beginning July 2023.

When you arrive, 8 CFR 211 advises you are entitled to a hearing on determination of your status and you have the right to be paroled into the US pending that hearing.  No matter what the CO says, or what they say if you are taken to secondary, advise that your trip was temporary and you are returning back to the US.  Do not sign anything that abandons your green card and politely advise that you wish a ruling by an immigration judge before you will.

 

You don’t want to risk that hearing at the embassy and I do not blame you.  We did risk it after a 4 year absence and got our SB1.  
Pull the SB1 application, look at the list of evidence of ties to the US, and have that information with you when you enter.  Documentation of uninterrupted employment by the same US company would be a very good piece of evidence that you have not broken ties.   The others are - valid drivers license, banking info, investment/retirement info, an address (hopefully you are addressed to a family member or somewhere permanent for your ongoing US business), insurance (any including health, auto, life, etc), vehicle registration, cell accounts, and if you stored any property while you were away show it.

That is the exact list that got us our SB1 (minus US company emplpyment) and whether you have to pull it together for an embassy determination, a determination at the POE, or an immigration judge the information will need to be pulled together and on standby for when you need it.

 

Best of luck.  I am sure you will get in, but this may drag on for awhile if you get the wrong IO.

 

NOTE:  Applying for SB1 does not automatically trigger status as abandoned.  Who told you that.

Edited December 11, 2022 by iwannaplay54

[Mike E 11,727]

14 hours ago, Mobius1 said:

Officer doesn't let you in

That’s not a legal option.  

[Mobius1 175]

57 minutes ago, Mike E said:

That’s not a legal option.  

According to JH, it is possible that the person he turned back on the next flight instead of being let in, in such a scenario. 

 

Either ways, OP should consult a lawyer.

[Boiler 43,726]

1 hour ago, Mobius1 said:

According to JH, it is possible that the person he turned back on the next flight instead of being let in, in such a scenario. 

 

Either ways, OP should consult a lawyer.

That is not an option, they do not have that authority.

 

They could hold you pending Immigration Court but have never heard of that being done.

[iwannaplay54 985]

6 hours ago, Mike E said:

That’s not a legal option.  

Correct.  At worst they can hold you but they cannot return you