Elena99

9 hours ago, Lemonslice said:

Best of luck to you.  Please come back and keep us updated if you would like.

Thank you Lemonslice! 🙂

This forum has been a calming and enlightening experience for me. I was really a nervous wreck because of my actions. I appreciate all the wonderful people here offering hope and advice, as well as sound judgment on my actions.

I still have a couple of days as I prepare to leave, but I will certainly give an update on what finally happens. 

9 hours ago, Lemonslice said:

Actually, it seems that they are using them to describe opposite situations (Relinquishment vs Abandonment). 

 

1) Voluntarily: of your own free will, because you decided and wanted to proceed.

2) See how they describe the abandonment as a charge?  Being charged is not a voluntary action; someone else is making the decision.    

Its seems I am in the minority here concerning the meaning of the terms used, so odds are you are correct.

But, by looking at the general title, it does not seem to recognize a difference in the words. It says,  "If I have abandoned my permanent resident status can I still enter the United States?"

It is all under the encompassing umbrella of abandoned, not abandoned or relinquished. 

It then goes to subheading 1 offering one option using Form I-193 ($595 filling ) then as an alternative, under subheading 2 going before a judge for reinstatement. 

Again, English is not my native language and please keep in mind, I am a person that boarded a plane with an abandoned/relinquished green card. I am not in a position to offer any understanding of the law especially when it comes to immigration. So I offer my comments with all due respect to you and all those who take time to offer their help.

11 hours ago, payxibka said:

Believe what you want. 

I believe what I see and read in context. I also know that relinquish and abandon are synonyms, at least if I rely on the good people at Merriam Webster.

But I admit, English in not my primary language, so I am always willing to learn. I also appreciate anyone taking the time to comment on the GC issue. I certainly am not trying to find fault with what anyone else says or thinks. In my opinion, it is all productive.

https://www.merriam-webster.com/dictionary/relinquish#synonyms

9 hours ago, Paula&Johnny said:

Do you know the best part of be young? Is that you have a looot of time to learn and improve your life.  Don't be so hard with yourself.  Just don't try anything that can really put your life in risk.  The law is really strict here in the US. Come back to your friends and family and one day you will laugh about all this!! 🥰💖

Paula&Johnny, thank you for your nice words. That's really what I now hope to do; learn from all this. Not just this particular issue, but how it relates to my choices in life in general. Thanks again. 💕

54 minutes ago, Lucky Cat said:

59 minutes ago, payxibka said:

here is a difference between relinquishment and abandonment.   You didn't abandon,  you relinquished 

Agree.  Relinquishment is an act of voluntary commission....which is exactly what happened here.

They seem to use those terms interchangeably. 

Section 1/ You can voluntarily relinquish your permanent resident status. ...

Section 2/You can contest the abandonment charge in immigration court. ...

4 minutes ago, Lucky Cat said:

I guess you don't realize that an I-407 is irrevocable.....

Lucky Cat, the information below is from a government website and it seems to say just what Alpha is talking about. I didn't sign anything, but it looks like I would have to go before a judge and "maybe" have a chance. 

6 minutes ago, Lemonslice said:

What does your i-94 say for your last entry?

There's nothing current there, just my info from 2017.

36 minutes ago, MaleAlpha said:

Can you check your i-94 record online and if there was one created from your last entry? If none was created, it will confirm you were admitted in as an LPR.

I checked it Alpha, and the only record for the I-94 that came up for me was in 2017 when I first came to the US.

So, I guess that confirms it. I was admitted in as an LPR.

Thank you for the detailed information. It's nice to know too that everything can always help someone else in the future.

17 minutes ago, HRQX said:

Per INA 212(d)(5)(A) can only be for "urgent humanitarian reasons or significant public benefit" and only for a set time period.

Hi agin HRQX,

Its does say the following on an immigration lawyer page:

"The CBP also has discretion to grant parole, allowing an individual to enter the United States for a specific period and/or purpose. Parole is sometimes granted in connection with what is known as deferred inspection. This allows the individual to physically enter the U.S. in order to gather documents or otherwise correct the situation, return to the CBP at an appointed dated, and then, potentially, be properly admitted.

In addition, the CBP is empowered to waive certain document requirements, such as having a valid passport or visa. CBP officers can also adjust the period of admission allowed, as reflected on the I-94 documentation, as part of their discretionary authority."

Taken from here:

https://www.murthy.com/2013/10/08/cbps-use-of-discretion-at-ports-of-entry/

It seems someone would have told me I have 30 days to gather documents, or something to that affect in my case. No one did, but I was more than a little nervous, so maybe something was said, but I don't think so. 

40 minutes ago, MaleAlpha said:

Looks like you may have been paroled in as a non-immigrant (it’s within CBPs discretion to do that and it’s very legal)

Thanks Alpha!

This is something new (at least to me). I don't remember anything special happening. Would I have to sign documents if I was paroled in as a non-immigrant? Do you know if they would give me some kind of instruction, like how long I can stay or  anything? If I didn't break any laws, it changes things for me. 

I really appreciate the input!

1 minute ago, xyz12345 said:

Besides the CBP problem, problem is with the I-407:

 

Part 1) Documents returned and location of submission

           12a: Permanent Resident Card: Yes or No (I guess that you answered NO).

           12b: If you did not return your Permanent Resident Card, select the reason why and select and complete the certification statement: lost, stolen, mutilated, other. (And you answered ???)

         12c: I certify, under penalty of perjury under the laws of the United States of America that I no longer possess my Permanent Resident Card for the reasons stated in this form, which I signed on (mm/dd/yyyy) (And your answer was ????)

That's correct, I answered NO to the question you list as 12a.

Question 12b would have been the card was LOST.

Question 12c, I did sign under penalty of perjury and dated it. 

If you are insinuating that I didn't lose the card and then falsely said I did, you are mistaken. I freely admit to the many mistakes I have made in life and certainly with this issue of coming here illegally, but I didn't lie on that form. I did not remember where I put that card - it was genuinely lost. But like many things that are lost, it was later found.

I was very emotional at the time and I really didn't know if I had dropped it, tossed it with some trash at the airport, or anything else.  I do appreciate your take on things since it could be the questioning I might receive from the USCIS. But, unless mailing to my friend was somehow was a break in protocol, I feel very comfortable with the way I filled that form out and mailed it.

8 minutes ago, MaleAlpha said:

Hi Elena -

 

Few Questions :

1. Did you file the I-407 while you were outside of the US?

2. Is there a reason you didn't include your green card when filing the form? considering it's required unless it was lost or mutilated or some other reason which you would have to state.

     Which of the check boxes did you check or what did you say was the reason why you did not include your physical Green card in the application?

 

Thanks

Yes, I mailed the I-407 when I arrived to my home country. I thought I had to do it that way. I competed the form and mailed it back to the US to a mutual friend that then put it into an overnight mailing pak and mailed it to USCIS. I got an email about a month later from USCIS stating that they received it and my voluntary withdrawal of citizenship was recorded on the day they received it (32 days earlier).

The reason I didn't include the green card was because I couldn't find it. If I remember correctly, I checked a box that said it was lost. Two months later it turned up in a small zippered side section of my luggage. Holding that card again is what started my foolish plan to come back to the States.

I would love to do that, I really would. But I know him and I know the heartache I caused when I left. And the big issue here (aside from being in this country illegally - which really is a big issue), I am honestly not an easy person to live with. I bring a lot of drama and my husband is calm and he does everything by the book, so to speak. He wouldn't understand this latest foolishness I have done, because I have done so much in the past. I disrupted his life and he deserves better. He took care of things and made me happy, but that only made me more demanding. I see that now; how unfair I was. When things didn't go my way, I was quick to leave; but not only that I also burned the bridges behind me. That's not honoring a commitment to someone, its just being selfish. I am getting what I deserve. I like to think I have changed, but have I really? I don't know.

Even coming to this country, I did it the wrong way but I took a chance. I always take chances and sometimes that means I lose. In this case, I lost the man I love. Maybe deep down I think he would take me back. Maybe. But if I really love him, as I say I do, then why put him through more of ... me.

No, I think I will go home, my real home.

Thank you so much for your nice thoughts and comments. The suggestions and helpful recommendations I have gotten here remind me of my husband. Because of all of the caring words of advice on this site, I feel like I really did talk with him while I was here. 

Thank you all again.

That's some really good information! I guess there is always hope for the future. Even just a little bit, makes it less sad to leave. Thank you!

13 minutes ago, Lucky Cat said:

Departing the US will be no problem............and , personally, I would mail that Green Card back to USCIS on my way to the airport.

Another good idea! Yes, someone like me is likely to get in a huff at some point in the future and do something stupid again. 😉

I certainly will mail that back.

1 minute ago, Loren Y said:

It's a tough call. I wouldn't leave without at least a phone call to him. Maybe not mention you're here in the US to at least feel it out. You took all the risk, and if your still married and he is willing to help you file a 485, you still maybe able to stay. After lining up a good attorney. I've seen people file from worse situations and manage to get all the way to citizenship.

You're very kind, but he wouldn't be willing. I say that because I left him without any good cause. He couldn't believe how I acted and then when I filed the paperwork, that was the last straw.  

He was very good to me, but I pushed him to the limit when I did this over a silly argument. I made the choice, not him.  I have no one to blame but myself but I hope to be a better person after all this. If I had only thought like this before I came here, I could have saved a lot of time and trouble. This is a great community of people here on this site. So much understanding and helpful advice, it really is wonderful!

1 minute ago, Lucky Cat said:

You will not process through airport immigration when leaving the US.  

That's great to hear! That was the one thing I was still worrying about. Now I can sleep tonight. 😇

2 minutes ago, Loren Y said:

Are you even still legally married? He could have filed for divorce and be remarried by now. Even if not remarried if you are no longer married then the only option you have is gone also. I would check online at the clerk of courts where you were married to see if you still are first.

Thank you Loren, I suppose I should check. But even if I'm still married, I still don't have a legal right to stay because of how I arrived, at least not without my husband's desire to have me stay. I understand that much from everyone that offered their knowledge in such things. I have come to terms with my leaving now. I just hope I can without too much of an issue at the airport.

Thank you Carmel34! 🙂

6 hours ago, Boiler said:

Wondering with all the issues why you sought to enter, where you expecting a reconciliation?

3 hours ago, Paula&Johnny said:

Hi Elena, can I ask you something really silly? 

Why did you came back? Because looks like was not to try to work in your marriage because you are super sure that your husband don't want you back and you're not even trying to contact him.

Are you sure that you want to put your safety in risk just to leave here? Don't you have your family or friends in your home country?

I'm so sorry for be so directly, I'm not trying to sound rude but I read this comments and make me feel that you really need to find a safe place and put your mind together.  I don't know if you are super young or not, but you really need help to figure it out a best way to live your life.  You deserve more than this. Think about it 💖

Initially I was expecting a reconciliation with my husband. I thought if I could just talk to him in person, he would forgive me for my foolish behavior. But after arriving here and speaking with a mutual friend, I became concerned that this wasn't going to happen right away, if at all. Of course I can't blame him, I acted stupid. Coming here as I did, was an even worse mistake. All of my family and most of my friends are back in my home country. I know now that I should be there too. My husband is a wonderful man and he put up with a lot from me already. He just doesn't want to do it anymore. He would have never left me, but  I made my choice to leave him. And now he doesn't want me back.

I thought I might call him just before I leave and tell him what happened and that I am here. But I think this might just reinforce his thoughts that he is better off without me. And of course, now even I realize that.

I'm 22 so I am young, but Its no excuse for my behavior. The only good that might come out of all this is that I can look back and remind myself that irrational actions can have serious consequences. I need to think a lot more before reacting so quickly and emotionally to whatever bothers me at that moment.  

Thanks again to everyone who offered advice. I really appreciate it. And to those who's comments were deleted, whatever was said, I'm sure I deserved it. 

22 minutes ago, HRQX said:

Best course of action is to depart to the US, ASAP.

 

Very uphill battle to portray that your estranged husband will experience extreme hardship from your absence: "A “fraud waiver” under INA § 212(i) may cure some entries based on fraud or misrepresentation. The waiver is available to a noncitizen who: 1) is the spouse or son or daughter of a U.S. citizen or an LPR; and 2) can demonstrate that the denial of admission would result in extreme hardship to this relative. In VAWA self-petitioner cases, the self-petitioner, a United States citizen, LPR or qualified relative may demonstrate the necessary extreme hardship." https://www.americanimmigrationcouncil.org/sites/default/files/practice_advisory/inspection_entry_and_admission_final_10-22-2015_0.pdf

By entering with the formally abandoned GC you entered through fraud and/or willfully made a material misrepresentation: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

Thank you so much for those shockingly poignant links! I will do everything I can to depart ASAP. I will still try to get an appointment with free legal counsel on Monday if only to ensure I do depart correctly and without further ramifications. 

8 minutes ago, Her Highnesd said:

When in a hole, stop digging. Follow the sound advice that you've already been given.

That's a good phrase. And one that is very appropriate. I need to implement that more often in my life. I'll try the free legal advice route,  prepare for worse and go from there. 

Thanks to everyone here for taking the time to offer your thoughts and advice. A very nice group of folks you all are.

6 minutes ago, carmel34 said:

You would put them in jeopardy since they would be breaking the law, as you do not have legal status to work in the US, also you put yourself in jeopardy for the same reason.  Maybe you could find a free legal aid service where you live, at least an initial consultation, without having to pay anything, and explore your options, if any, to remain in the US.  I think you know the inevitable, that you will most likely have to leave the US, so prepare for that.  Good luck!

Yes, of course you are right and I guess I knew the answer already. I just wanted to confirm. I'll try that free legal aid and see what they say. That's a good idea, thank you!

12 minutes ago, HRQX said:

Even if the I-864 was in effect, you couldn't sue for funds needed to pay immigration attorney. The I-864 obligations are for food, medical expenses, etc. (i.e. "sufficient support") that if those obligations are not met you start to receive means-tested public benefits and thus become a public charge. But this is all moot, since that I-864 is no longer in effect in your case.

HRQX, Thank you for that detailed research. I can understand that now. I just wanted to earn some money for a lawyer that all the nice folks here said I really need. I did contact the clothing store I worked part time at before I left the US. They already have all my documents, which were accurate at the time. They said the would hire me back, but I haven't told them the situation I caused either. Do you think I be putting them in jeopardy with immigration if I worked there for a few months?

7 minutes ago, caliliving said:

Was the notice that they received your application or did they confirm it was revoked? 
 

Yes, they confirmed it was revoked. It said the USCIS recieved my I-407, Record of Abandonment of Lawful Permanent Resident Status and recorded my voluntary abandonment of U.S. lawful permanent resident status on the received date. They included a receipt number as well.