goobies

He received an official decision letter that ordered us to mail in his green card, which we did. 

Now, do we still need to do the I-407? Our lawyer said that it wasn't necessary.

He is still in Uganda.

Hello again everyone 

Thanks for all the stellar support from this community.

You can check my last few posts if further details are needed, but my husband recently lost his permanent residency status, so we are restarting the IR1 process.

Would it be ok to talk about our previous immigration journey in our support letters? A lawyer told me that when a case is closed out, they won't hold it against you for a new benefit application. 

I think talking about life when my husband was last here is an important part of our case, but I don't want to raise questions where they may not have been risen if I don't talk about it.

You will be ok! They will automatically send it to Nairobi. Best of luck!

3 hours ago, Timona said:

1. COVID is an old excuse. It's time to get it dropped. 

2. How is your husband barred from entry at Entebbe Airport? Even if he had expired visas to other countries, he cannot be barred from using an Airport because, say, he has expired visa to US. He could only be barred from flight to US.

3. During height of COVID, people were traveling & for those that needed quarantine, they were going via Mexico just to go get around it. Additionally, GC holders were being allowed in with expired GC. Did you not know this?

4. Your issue is well solvable. You just don't want to listen and want to take the high road. 

5. Last week, there was a VJ poster here who got back into the country. Same situation as your husband. That poster followed advise from here, same advise you're being given. 

6. As others have said, have him fly to Canada or Mexico and get in via land. His legal status in US has no baring to Mexico nor Canada. It would have been, for Canada, if he had criminal  history, which isn't the case. If he requires a visa to Mexico or Canada, let him apply and get one ASAP as it's the quickest way back to US. 

 

Once in US, he can just reapply for his I-751 and just give a small sob letter. USCIS is a little lenient right now @goobies

 

That being said, I'm Mike-E-ing. 

Lol, if you know anything about Kenya, then you know something about Uganda, and that means you should understand how the agents at the door won't allow you to even enter the airport if you don't have the documents they "think" you should have. So that's how he was barred entry from Entebbe. He presented a ticket to the US. They asked to see his documents. When they saw the expired GC, they didn't even allow him to show his extension letter. My husband attempted a 2nd time. That time, the doorman allowed him in, but the extension letter had expired, so at the check in counter they told him he couldn't board. Being that this was an actual airline agent, we took that to be official word. I had literally just birthed our 2nd child and was in no position to be researching things. So that's how that went down.

During the height of COVID, Uganda was in the middle of the world's longest lockdown, and I can assure you, unless you were a diplomat, you weren't getting a flight out of Uganda.

I haven't seen this other poster. Do you know their user name or post title? I'd very much like to read it.

So are you saying that if we get him to Canada, he can definitely enter and not be detained on the spot? We are doing all we can to avoid any detainment.

19 minutes ago, mindthegap said:

Worst case is it doesn’t work, and you get some horrible detention in a third country before removal back to the country you boarded from because they can’t release you because you don’t have an entry visa for that country because you were supposed to be only transiting.

Denying someone with an issue is far easier in a third country at a distance from US soil, than letting them fly to the US and then having to detain them and remove them (regardless of the questionable legalities of that), so pre-clearance wouldn’t be my choice for that reason alone. 
Just another element that further complicates it. 

 

100% what I'm worried about. 

35 minutes ago, OldUser said:

My gut feeling is and @mindthegap can correct me... The CBP at pre-clearance have more discretion. They can deny boarding much more easily than CBP who let people in on US soil. They're pretty much deployed to other countries to deter some travelers from entering the US, "shielding" the States from the distance.

 

Disclamer: This is my opinion only.

I know my husband well enough to know that he wouldn't be willing to risk detention in a 3rd country. We will go the route of the SB1.

Thanks to everyone who chimed in. I very much appreciate all of your points.

2 hours ago, mindthegap said:

For clarification, until an immigration judge issues an order of removal following a denial which formally terminates the status, he remains a LPR.

Put his A# into this link HERE and see what comes back. 

If there is a termination notice on file, then an IR-1 is the way to go. 

If nothing found, then the denial was issued but they remain a LPR as no following action of NTA, court case and ruling in abstentia has occurred.  However, unfortunately, despite remaining a LPR in this situation, airlines do not allow people to board with an expired 2 year card and an invalid extension letter. And you can't obtain an i-551 stamp outside of the US either, even though he is entitled to one. So, you find yourself in limbo and a catch 22. 

 

So either 

1) try a land border - canada or mexico - with the expired card and prior receipt - will be a fair bit of hassle, but should eventually be let - possibly paroled - in once they run the A# and see a denial with no refile and pending case, as all LPRs are entitled to a hearing with an immigration judge and due process. 

or

2) File and pay for a fresh I-751 from within the US with a US mailing address. Get receipt and extension letter. Send that to him. As the letter is useless with a card that expired three years ago he then needs to go to the embassy for a I-131A boarding foil ($575) and go through that process to get a document to permit boarding a flight back into the US. Covid stuff is a reasonable excuse for extended periods out of the country beyond what would normally be permitted

or

3) an SB-1 if applicable. Again, covid stuff is a reasonable excuse for extended periods out of the country beyond what would normally be permitted, but there are limits to how far you can push this reason. 

or

4) file an IR-1 and start from scratch.  Following a recent clarification and some case law - see HERE - you can adjust status now after a denial but without having to wait for an immigration judges ruling and formal termination of status, so it follows that that should also mean it should be applicable to an IR-1 instead of an i-130 & i-485 adjustment in country, but it will require a fairly competent lawyer to do so.

I am not your lawyer so please seek your own qualified legal opinion as to whether this is applicable in your circumstances before taking any action.

 

Broadly, those are your options. 

 

 

I very much appreciate all of this. His A Number didn't come up on that system check. My plan is to submit the SB1 in hopes of getting the DS117.

2 minutes ago, OldUser said:

Thank you @Chancy

 

Why did you open a new thread @goobies? Good answers were already provided in the other thread by knowledgeable members on the forum. Your husband needs to take an action such as crossing by land instead of you going in circles asking the same question. In that thread @Mike E already said your husband was still LPR, why was it a surprise when I said the same earlier in this thread?

Just read the answers in the old thread, they're still relevant.

Because a new event....denial of I175, has happened.

And because he was already barred entry at the Entebbe airport in Uganda due to expired green card, so coming by land seems out of the question. 

My reasonable options seem to be redo the entire process or apply for SB1/DS117. I'm unsure if SB1 is applicable if we got denial for i175. Trying to get the clear way forward.

2 minutes ago, Chancy said:

 

Because biometrics were not waived, but OP's husband did not attend (being outside the US all that time), despite multiple appointment notices from USCIS --

 

 

Correct, he did not attend the biometrics. Several (probably 6) appointments were rescheduled.

6 minutes ago, OldUser said:

I don't think you're going to receive anything any time soon. I'm not 100% sure, but I think he needs to do something on his end to get his status revoked. Maybe somebody with experience can suggest. 

Oh dear, wait. So then does this mean he IS still and LPR and we could try for the SB1, DS117?

I just am at the point that I want to submit whatever needs to be submitted, to get whatever process needs to happen going. 

5 minutes ago, OldUser said:

Yeah, I-751 case is probably "dead" now. I don't think conditions can be removed with him being out of the US for 3 years and being separated from wife for 3 years.

Yes, they are our children. I was pregnant with our youngest when this all happened. We lived together in UG for 3yrs, then in US for 1.5 yrs. Never intended for this separation to happen.

We planned to do the SB1 Visa, but I've been on a waitlist for legal aid for a while, poor judgment on my part, so haven't submitted the paperwork yet.

But in some ways, I'm glad to get this, because it answers the question I've been waiting to ask, which is if the SB1 would even be approved. Now I know, it would have been a waste of resources. I think the time has been too long for them to have considered it.

Just now, OldUser said:

Yes, you can start the process again. But right now it's not clear his status was revoked. Denial of I-751 does not terminate status as far as I know. It needs to be documented by I-407 or immigration court paperwork.

Ah, ok. That is very helpful information. So we must wait for that document before we apply again.

Do you know the chances of success for IR1 if this situation we are in has happened?

1 minute ago, OldUser said:

How long have you been separated for? This may be a problem in itself, in addition to him being out of the US for so long.

It will be 3 years in February 2023. I am traveling there with the kids and my mom in March of 2023.

3 minutes ago, OldUser said:

Even with denied I-751 your husband is still considered a LPR until he signs I-407 or immigration judge rules out he abandoned the status. So your husband been out of the US for 3 years? I think he probably abandoned his permanent residency already. But if you apply for a immigrant visa, my understanding is, it will be denied.

 

I wonder if I-131A is still applicable in this case, maybe more experienced forum members can explain.

 

Do you mean even if his green card or status is revoked that we can not start the entire process again? From petition?

17 minutes ago, Chancy said:

 

Adjusting status is for non-immigrant visa holders to get a green card.  2-year green card holders do not adjust status.

 

Thank you for the clarification.

He is in Uganda. I am in the US.

Aren't they the same? Adjusting status to permanent resident from conditional, by way of removal of conditions?

This is what I received:

"On December 15, 2022, we denied your Form I751, PETITION TO REMOVE CONDITIONS ON RESIDENCE."

Hello everyone. 1st off, I'm very grateful for the support and sharing of knowledge in this community.

I won't get into details, but if you want them, you can look through my old posts.

My husband applied for AOS in 2019, and we took a trip back to his country to spend Xmass with his family. COVID broke out, blah blah blah, he ended up staying out for too long. We were going to apply for the DS117 visa, but before I got to it, I got an AOS Denial letter.

All that being said, can we apply for IR-1 Visa now? Are there any extra steps we need to take, like him turning in his expired GC? 

What do the chances of an approval for an IR1 after AOS denial look like?

Thanks in advance.

On 3/25/2022 at 2:43 PM, iwannaplay54 said:

Been there too.  One of each LOL

You’re doing the right thing in my view.  No problem all the way through N400.

 

Good luck!

Thanks for the feedback. If you don't mind, I'd love to know your journey through the SB1 visa. It doesn't seem to be commonly written about.

You can inbox, if that's more comfortable. 

1 minute ago, iwannaplay54 said:

Has he applied for his SB1?  Two interviews.  One to determine if he qualifies, second for the visa itself.  What reason has he given for circumstances outside his control?

No, we are waiting on a response from the Kenyan Embassy.

Reasoning is that we traveled to UG in September 2019, he remained behind due to COVID to get his mom a better living arrangement. Airports closed down before he got all that sorted out. Airport stayed closed until October 2020, so he had been out 11 months, and by the time I had $ together for a ticket, 13 months. We didn't have a re-entry permit, so he was scared of traveling. 

We didn't know about SB1 visa until a couple weeks ago.

I'm not sure it will work, but figured we should try it. If it doesnt work, he  will surrender the GC to try for IR1 visa, as a last resort.

15 minutes ago, iwannaplay54 said:

No matter what you are working on his GC is valid until a judge takes it.

File MFJ, declare his, and your, income, process his (if any) as foreign earned physical presence, and TurboTax or whoever you use will calculate what you qualify for.

Always file your spouse “resident for tax purposes” no matter where he is.

An LPR on temporary visit overseas is treated taxwise no differently than if he’s on vacation.  The LAST thing you want to do is not treat him as a US resident if he’s applying for SB1.  We got one of those.  They look for any reason possible to deny it.

If he’s on a temporary absence he’s assumed to be a member of your household.

PS you’re going to be filing a new support affidavit.  Gear up for that.

If he has foreign earned income you’re out of luck and done in regards to EIC but the software will tell you that.

Thank you for all of this insight!

I agree with all you said. Just needed to confirm, and you did that. Thank you, dearly.

No, that is not his intention. We are working toward SB1 Visa.

Yes, there were flights after October 2020, but by then, he had been out for so long that he was worried he'd be detained in the airport. 

I know, USCIS won't give a damn, but CBP is very intimidating to many people. They have treated him like a criminal every time we have traveled, and sent him to secondary screening each time, as well. Even when he was carrying our 13 month old daughter. So, his anxiety about being detained is through the roof.

Hello,

My husband is a greencard holder, and I am a US citizen. 

I was here in the US the full year of 2021. He was not here at all.

Am I able to claim the EIC, considering that I, the only income earner, was present the full year?

I keep getting conflicting answers, and none of the forums I have read reflect this situation.