Expired green card - Wanting to return

[igoyougoduke 1,679]

1 hour ago, W199 said:

 

There have been cases like this before, where the airline called CBP and got approval for the passenger to board ... 

Foreign airlines in a Foreign country calls CBP ? that is the first i have heard 

[W199 408]

1 hour ago, OldUser said:

That's funny though. I'm pretty sure CBP wouldn't guarantee somebody will be admitted to the US. So in effect they're saying: "Airline, go ahead, take a risk. We're not 100% sure we'll let the person in, but you can fly them"? 😃

No, Its not a guarantee and it has nothing to do with getting admitted... Its simply permission to the airline that they will not be liable and fined for boading a passenger without valid credentials in case they are not admitted after all.  Just like any other passenger ... If the airline violates the rules,they will be fined otherwise.

 

I have no idea what countries have this relationship and direct access to CBP's phone numbers ... but it has been done before in emergency situations where the passenger would not normally be allowed to board ..  

 

 

 

[W199 408]

And in this case, it would have been very simple ... they just needed to get persmission that the combo AP/EAD card is acceptable to board a passenger ... 

[OldUser 8,931]

5 minutes ago, W199 said:

No, Its not a guarantee and it has nothing to do with getting admitted... Its simply permission to the airline that they will not be liable and fined for boading a passenger without valid credentials in case they are not admitted after all.  Just like any other passenger ... If the airline violates the rules,they will be fined otherwise.

 

I have no idea what countries have this relationship and direct access to CBP's phone numbers ... but it has been done before in emergency situations where the passenger would not normally be allowed to board ..  

 

 

 

I see what you mean. Makes sense.

CBP taking ownership is commendable. I though they'd fine airline after denying entry to somebody who they said was OK to board plane.

Wouldn't airline need to pay for passenger's return flight? Or they'll try to pressure passenger to cover the cost? Just curious as I don't know much about airline industry. 

Edited yesterday at 03:57 PM by OldUser

[cdj2014 0]

I have kept a US bank account, but have not filed taxes in the US. 

 

I forgot to mention, I only wanted to visit my parents and sister. It looks like I cannot return with my GC. If I file for abandoment, would it increase my chances of getting approved for a tourist visa? I am from the Philippines. 

[OldUser 8,931]

3 minutes ago, cdj2014 said:

I have kept a US bank account, but have not filed taxes in the US. 

If you had income and didn't file taxes, that's really bad. One can be fined and even jailed for tax evasion... LPRs and US citizens must report their world wide income to IRS.

[cdj2014 0]

Oh yikes. I had no idea.. I have only had work for the past 1 year and half. I think I can still file late? Very minimal income, too. 

 

 

[W199 408]

2 hours ago, OldUser said:

I see what you mean. Makes sense.

CBP taking ownership is commendable. I though they'd fine airline after denying entry to somebody who they said was OK to board plane.

Wouldn't airline need to pay for passenger's return flight? Or they'll try to pressure passenger to cover the cost? Just curious as I don't know much about airline industry. 

 

I'm sure the actual rules are more complex than this .. but from what I can see is the airlines are only fined if they board a passenger that is not eligible to be admitted due to the documents themselves, such as having no passport, no GC, missing or expired VISA, and even a missing return ticket if required by immigration.   But if they are simply not admitted for other reasons beyond their control, despite having valid documents, the airline is responsible for their flight back home .. but can later try to recoup the cost from the passenger if it was the passengers fault (such as fraud, etc._).  ... But the last thing the airline wants is to be fined and other sanctions by boarding passengers without correct documentation per the rules and having them beg for AP and asylum, etc.. 

[W199 408]

2 hours ago, cdj2014 said:

Oh yikes. I had no idea.. I have only had work for the past 1 year and half. I think I can still file late? Very minimal income, too. 

 

 

Since you abandoned your permanent resisdency, you don't need to file ...   If you were still a resident and didn't file before you abandonded it, that might be a bigger issue . But it dounds like that didn't happen since you said you only worked in the last year.

 

[OldUser 8,931]

27 minutes ago, W199 said:

Since you abandoned your permanent resisdency, you don't need to file ...   If you were still a resident and didn't file before you abandonded it, that might be a bigger issue . But it dounds like that didn't happen since you said you only worked in the last year.

 

Isn't it immigration judge's verdict whether somebody abandoned LPR status?

[W199 408]

33 minutes ago, OldUser said:

Isn't it immigration judge's verdict whether somebody abandoned LPR status?

Good point ..  technically yes .. but since generally when you are away more than 1 year wihtout taking steps to preserve your residenct status, you are highly likely to lose it. Even if you get permission to leave more than 1 year, that permission is limited to 2 years.  In this case, it was over 10 years, started a family overseas with non-usa citizens, didn't pay taxes, and so forth ...

[Lil bear 4,430]

1 hour ago, W199 said:

Since you abandoned your permanent resisdency, you don't need to file ...   If you were still a resident and didn't file before you abandonded it, that might be a bigger issue . But it dounds like that didn't happen since you said you only worked in the last year.

 

Staying outside the US for an extended time does not cause the LPR status to be abandoned. Nor does failing to renew a 10 yr GC. Not does failing to file taxes. LPR status must either be abandoned by v the use of v the I407 by the GC holder or by a decision of an immigration judge.   
 

If the airline accepts the expired GC and the OP gets to fly,  expect significant questioning at POE.  Refuse to sign the 407 when offered by CBP, request to be able to  come before a judge, get a good immigration lawyer and work very hard at establishing the evidence of actually living in the US. This is not a minor nor  simple  situation. 

[Lil bear 4,430]

5 hours ago, igoyougoduke said:

Foreign airlines in a Foreign country calls CBP ? that is the first i have heard 

All airlines that fly into the US have contact  access to CBP   Whether all front line airline agents “ know” this or use the service is different issue 

[appleblossom 3,844]

6 hours ago, igoyougoduke said:

Foreign airlines in a Foreign country calls CBP ? that is the first i have heard 

 

All the time. My daughter lost her GC and so has to travel using an ADIT stamp. Every single time the airline staff in the UK have to phone CBP to ask if they'll let her in as they never know what it is!