URGENT! Think Ive made a big mistake with my green card

[UKspouseUSwife 15]

1 hour ago, Dashinka said:

CBP cannot force you to sign the I407.  Worst case scenario is you could be detained, but I highly doubt that will happen based on your story.  I would recommend you do enter as a family.

 

Thanks for the reply. But what is the advantage of not signing the 407 if they wont let me in?

 

As I understand it if I cant get in I will have to start the I-130 nightmare again and I cant start that without signing the 407 and waiting for written confirmation of that?

 

I am also not able to get an ESTA at any point without the confirmation also but could get one after starting the I-130

 

Im told signing the 407 at the border makes it instant instead of having to wait months after sending it in to get written confirmation

Edited September 11, 2023 by UKspouseUSwife

[Mike E 11,726]

26 minutes ago, UKspouseUSwife said:

 

Thanks for the reply. But what is the advantage of not signing the 407 if they wont let me in?

I’ve written repeatedly they legally have to let you in.

 

https://www.aila.org/File/Related/18110604b.pdf

 

If CBP determines that you are a "returning resident," you should be processed quickly and admitted to the U.S.

However, CBP will consider you an "arriving alien" if it determines that you:

• Have abandoned or relinquished your LPR status;
• Have been absent from the U.S. for a continuous period of more than 180 days;

[…]
Right to a Hearing Before an Immigration Judge. An LPR who is deemed to be an "arriving alien," may be charged as removable from the United States. LPRs that are charged as removable have the right to a hearing before an immigration judge

[…]
 

If CBP believes that you abandoned your U.S. residence and you refuse to sign a Form I-407, CBP must issue you a Notice to Appear (NTA) before an immigration judge who will determine if you have abandoned your U.S. residence. CBP cannot make this decision on its own

[…]
 

If CBP believes that you abandoned your U.S. residence and you sign a Form I-407, you still have the right to request a hearing before an immigration judge.

If CBP takes your permanent resident card, you have the right to other evidence of your LP status, such as a stamp in your passport.

 

Now it is fine if you opt to believe you can legally be denied entry, but others in your situation reading this should realize that that the says otherwise.

 

In your case, because you are married to a U.S. citizen, it is rather pointless of CBP process you as an arriving alien, because it knows your spouse and you are just going to file a new I-130/I-485 package. 

 

 

[Dashinka 23,355]

1 hour ago, UKspouseUSwife said:

 

Thanks for the reply. But what is the advantage of not signing the 407 if they wont let me in?

 

As I understand it if I cant get in I will have to start the I-130 nightmare again and I cant start that without signing the 407 and waiting for written confirmation of that?

 

I am also not able to get an ESTA at any point without the confirmation also but could get one after starting the I-130

 

Im told signing the 407 at the border makes it instant instead of having to wait months after sending it in to get written confirmation

Here is a timely update from a person that was in a similar situation.  I understand the need to understand all the possibilities, but I think you are over thinking this.  As @Mike E has posted, CBP has to let you in, and unless you have criminal offenses that they might know about, more than likely they are going to wave you through with little notice.  Now you may get a CBP officer that dives deeper, and if they try and cajole you into an I407, refuse. but if you are entering with your spouse, I doubt that will happen.  More than likely your encounter will be similar to the OP in the thread below.

 

Good Luck!

 

 

[manyfudge 273]

@UKspouseUSwife, this kid made it back with expired card and renewal receipt after 13 years absence.  Philippines.

 

https://reddit.com/r/immigration/s/aQBNYcPcKE

1) both of you sign up for MPC

2) your wife holds the 2 passports, her US passport on the outside as you walk through.

 

I’ll find the other anecdote on here where some kid made it back after interrogation and airline not letting him/her board.

 

 

 

[manyfudge 273]

He/she made it back after being denied boarding on last leg of flight.

 

 

Edited September 11, 2023 by manyfudge

[UKspouseUSwife 15]

2 hours ago, Mike E said:

I’ve written repeatedly they legally have to let you in.

 

https://www.aila.org/File/Related/18110604b.pdf

 

If CBP determines that you are a "returning resident," you should be processed quickly and admitted to the U.S.

However, CBP will consider you an "arriving alien" if it determines that you:

• Have abandoned or relinquished your LPR status;
• Have been absent from the U.S. for a continuous period of more than 180 days;

[…]
Right to a Hearing Before an Immigration Judge. An LPR who is deemed to be an "arriving alien," may be charged as removable from the United States. LPRs that are charged as removable have the right to a hearing before an immigration judge

[…]
 

If CBP believes that you abandoned your U.S. residence and you refuse to sign a Form I-407, CBP must issue you a Notice to Appear (NTA) before an immigration judge who will determine if you have abandoned your U.S. residence. CBP cannot make this decision on its own

[…]
 

If CBP believes that you abandoned your U.S. residence and you sign a Form I-407, you still have the right to request a hearing before an immigration judge.

If CBP takes your permanent resident card, you have the right to other evidence of your LP status, such as a stamp in your passport.

 

Now it is fine if you opt to believe you can legally be denied entry, but others in your situation reading this should realize that that the says otherwise.

 

In your case, because you are married to a U.S. citizen, it is rather pointless of CBP process you as an arriving alien, because it knows your spouse and you are just going to file a new I-130/I-485 package. 

 

 

Thanks Mike E - I'm certainly not ignoring or questioning your advice, you've been so wonderful to me which I cannot thank you enough for!

 

I'm just trying to be sure of every possible outcome for my arrival and as evidences on here the CBP officers do not always play by the rules and could just make me start the process again and cost me another set of !-130 fees and years of time

[manyfudge 273]

I am flying to jfk from Milan sept 30.

 

I will NOT use my global entry and use mobile passport control and tell you what that is like.

[C&I 17]

I'm no immigration expert but I just returned to the US with my Green Card after being away for a long time and having my reentry permit denied. I thought that I would have a hard time at CBP upon my arrival but the officer just scanned my passport, look at my GC and did not say anything. And from what I know, I am not the first person to experience that. As everybody else is saying, just go back to the US. They cannot deny you entry, you are a permanent resident. Worst case they give you a notice to appear in court but how, when, where, who knows?

[manyfudge 273]

50 minutes ago, UKspouseUSwife said:

just trying to be sure of every possible outcome for my arrival

I think you know the worst on here - someone who was out for a few months (but a pattern of doing so more than once) was given an NTA in a month’s time.

 

 Unlike the Filipino (kids) who were out for a decade, expired card, had not kept up taxes or the Pakistanis with the overvigilant exit control, you have been paying Uncle Sam.  Your business just took longer to transact with Covid AND you are flying LHR to JFK with a UK passport with your US wife.  No reason to think you would not fall in the overwhelming majority who enter successfully.

 

You have only carry on and you can use MPC.

 

Good luck and report back.

 

 

 

Edited September 11, 2023 by manyfudge

[UKspouseUSwife 15]

5 hours ago, manyfudge said:

I am flying to jfk from Milan sept 30.

 

I will NOT use my global entry and use mobile passport control and tell you what that is like.

 

Thank you but I fly to JFK this week so testing the system before you are!!!

[UKspouseUSwife 15]

5 hours ago, C&I said:

I'm no immigration expert but I just returned to the US with my Green Card after being away for a long time and having my reentry permit denied. I thought that I would have a hard time at CBP upon my arrival but the officer just scanned my passport, look at my GC and did not say anything. And from what I know, I am not the first person to experience that. As everybody else is saying, just go back to the US. They cannot deny you entry, you are a permanent resident. Worst case they give you a notice to appear in court but how, when, where, who knows?

 

That's good to know thank you for sharing with me - heard the NTA can take years!!!!

 

Where did you enter and how long were you out for please?

 

Paul

[C&I 17]

We landed in Atlanta. I was with my US husband and our US child (did that help? do not know). 

Last time I was in the US was 2 years ago. 

[UKspouseUSwife 15]

4 hours ago, C&I said:

We landed in Atlanta. I was with my US husband and our US child (did that help? do not know). 

Last time I was in the US was 2 years ago. 

 

Thanks that gives me a lot of encouragement! Will have my US Wife with me too

[UKspouseUSwife 15]

OK Here’s what actually happened at JFK

 

We used the mpc when approaching the immigration line which saved us hours of queuing and put us literally right to the from of the line. 

The officer took my photo and fingerprints as usual then asked when was I last In US?

Said March 2020 left at start of Covid (wasnt gonna lie) I was politely taken to secondary but US Wife was forced to enter the country and wait other side of glass which upset her to be forced to go in alone.

 
Officer asked why been out for so long, said Covid for a year then Wife dealing with medical issues and then we sold a house to help coming here for good (all true and had docs to support) He asked if I’m staying now. Said yes, we just purchased house here yesterday and have documents supporting all this stuff in hand. Didn’t want to see then but just told me if gonna be out for over year get reentry permit, if less than a year will be no problem from now on, stamped my passport and let me through border! 
 

Thanks so, so much to everyone on here and the forum owners for the fantastic help and support. I don’t think I would have even thought about just coming and trying it without you all….

 

We are just on the plane waiting to get off at Las Vegas, Wife excited to see her family after 3 years 6 months away.

 

 

 

 

[Dashinka 23,355]

3 hours ago, UKspouseUSwife said:

OK Here’s what actually happened at JFK

 

We used the mpc when approaching the immigration line which saved us hours of queuing and put us literally right to the from of the line. 

The officer took my photo and fingerprints as usual then asked when was I last In US?

Said March 2020 left at start of Covid (wasnt gonna lie) I was politely taken to secondary but US Wife was forced to enter the country and wait other side of glass which upset her to be forced to go in alone.

 
Officer asked why been out for so long, said Covid for a year then Wife dealing with medical issues and then we sold a house to help coming here for good (all true and had docs to support) He asked if I’m staying now. Said yes, we just purchased house here yesterday and have documents supporting all this stuff in hand. Didn’t want to see then but just told me if gonna be out for over year get reentry permit, if less than a year will be no problem from now on, stamped my passport and let me through border! 
 

Thanks so, so much to everyone on here and the forum owners for the fantastic help and support. I don’t think I would have even thought about just coming and trying it without you all….

 

We are just on the plane waiting to get off at Las Vegas, Wife excited to see her family after 3 years 6 months away.

 

 

 

 

Great to hear, and thanks for coming back and letting us know how it went.