UKguy2021

Hi,

My status on my Greencard is abandonment. Apparently this then goes to a Immigration judge for a hearing.

I have not heard from USCIS about this hearing. Would the hearing be at a court local to where I lived in the US, or could it be in any city or state in the country.

how can I find this information out?

Thanks 

Hello,

I have a very complex US Immigration case, and I am looking for a highly qualified attorney to help me.

Any state and city in the US, please comment on this post if you know of one that could help me.

Thanks 

3 hours ago, mindthegap said:

At the very least, the FOIA will show your I-751 form, and whether it is stamped with approved or denied. If it was denied, it would have then (eventually) been sent to court, NTAs issued, and eventually a final order of removal made by an IJ, at which point you were no longer a LPR.

How much of this would be in your FOIA response I'm not sure, but the I-751 form status definitely should be. 

 

It takes around three months for a FOIA to come back with your A# file even in non-covid times, so don't be holding your breath for it quickly.

 

 

 

Thanks for all you information, very much appreciated. I’m thinking I will have a removal order against me, so this will even effect me having a tourist visa for holiday and applying for B2?

13 minutes ago, mindthegap said:

Interesting. Very interesting. You definitely put your A# number in and not the receipt number?

 

 

So, tomorrow (it is a federal holiday here today) call USCIS and ask the status of the last receipt number you have. 1-800-375-5283. They may be able to tell you something. Anything.

 

 

 

Yes definitely A number and not receipt number in. If I call USCIS tomorrow, they will just give me the same information as the case tracker does on their website right?

36 minutes ago, mindthegap said:

 

It isn't as simple as that and completely misses the point. 

 

If your I-751 was denied, and you have had a final order of removal against you in abstentia- which is likely given the length of time elapsed and the lack of status updates for your case online - you are no longer a LPR, ie, there is nothing to sort out - you have ceased to be a permanent resident. 

 

Even if that isn't the case, your extension has long expired, and with an expired 2 yr card you cannot board to the US to present at a POE as a LPR for a hearing with an immigration judge, which would likely lead to a termination of status anyway due to the length of time out of the US with no clear ties or intent to return.  If you are no longer a LPR, you cannot obtain a boarding foil.

 

 

 

If you have had a final order of removal, an ESTA would likely be denied. You could apply for a B2 visa, but you need to establish your current status first before anything else. 

 

 

 

It won't update when denied - only when approved (I have two denials and they still say transferred to local office ). 

 

 

As above, put your A# into the immigration court site and see if there was a hearing in your absence: https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

Also, do a FOIA request.

 

Have you actually phoned USCIS and asked them your current status of your receipt number? 1 (800) 375-5283

 

 

 

To find out about the Final order removal, I need to contact the local immigration court to where I was living in the US.
Thanks once I know my status I will see about B2.

ESTA is the holiday visa that would be denied?

I put my A number in on that link and it says No case found for this alien number.

44 minutes ago, mindthegap said:

What does it say when you put your A# in here?

https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN

It said, No case found for this alien number.

29 minutes ago, da95826 said:

Maybe, but not likely. Since you had a green card and abandoned it returning home to the UK you have shown you rather live in the UK and not move to the USA so there is a good chance you can get a visa. As long as you were not ordered removed from the USA and deported and you never overstayed a visa there would not be any bars for you to return to visit the USA. But your legal resident status is long gone as you abandoned it.

 

You can do a freedom of information request with USCIS to pull your immgration records to see how your case ended, also you can check with the immgration courts near where you lived to see if you ended up with a removal case against you at any point in time.

Thanks for the information. I have submitted a FOIA with the USCIS, and just waiting for that to come through. If I did have a removal against me would it be on that FOIA or is that separate with the courts?

35 minutes ago, Bob in Boston said:

You should do a "freedom of information act" (FOIA) . Visit this link, may help you get the info you want. Request Records through the Freedom of Information Act or Privacy Act | USCIS)

As far as a tourist visa goes that can go both ways so all you can do is try,

Thanks Bob FOIA is already in with USCIS. Just waiting for that info 🤞🏼

14 minutes ago, Dashinka said:

I agree, since the terms of the Conditional GC were not met, and the immigrant left the US voluntarily, I expect the case was closed.

 

To the OP, maybe a consult with an immigration attorney would be helpful, but honestly I think it is a lost cause.

 

 

Thanks for all your information and help. Appreciated. Will all the terms of conditional GC status etc effect me on a tourist visa with my UK passport even for a holiday?

Just now, Dashinka said:

More than likely it was sent to ICE for removal proceedings.

ICE? Can I contact them to deal with the removal proceedings?

10 minutes ago, Dashinka said:

If you have the extension letter/NOA from when you filed the I751 to remove conditions, you may be able to  look up that case status here.  Otherwise, given the length of time outside the US, an abandoned I751, a lost expired GC, I would just assume the LPR status is abandoned.

 

https://www.dhs.gov/how-do-i/check-immigration-case-status

It doesnt update me on my status on the USCIS tracker, it just says that my case was transferred to a new office who has jurisdiction now with no other information. I dont even know who to contact. Is there anything I can do once my status is abandoned?

6 minutes ago, nastra30 said:

 

Curious. What is the status of your case here:

https://egov.uscis.gov/casestatus/landing.do

 

When I put the case number into that tracker it just says that my case was transferred to a new office who has jurisdiction now. It doesnt give me any status update.

1 minute ago, Dashinka said:

So back in 2010/2011 you left the US with an open I751 and expired GC?  I would expect your LPR status is considered abandoned.

 

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2#:~:text=USCIS may consider any relevant evidence of abandonment,an LPR after departing the United States. [23]

Is there a way of checking if it is abandoned? Any hope of retrieving my Green card back?

1 minute ago, nastra30 said:

You've been outside the US for 10 years? I think you may have abandoned your permanent residency.

How can I find this out for sure, because the USCIS arent replying to my letters and emails?

Just now, Boiler said:

Huh

 

The pandemic has been going on for 10 years?

No thats how long in total I have been outside the US.

2 minutes ago, Dashinka said:

If you have your expired GC and the original 18 month extension letter you should be fine.  You did not put any dates as to how long you have been outside of the US, but if less than a year, CBP May not even bat an eye.

I have my paperwork, but I have lost my green card. So how do I get a replacement? Been outside the US now for around 10 years.

7 minutes ago, arken said:

No need to file anything. You just return and face the questions at POE depending on how long you have stayed outside.

Thanks, what is the worst case scenario at POE? Deported back to UK, Imprisonment for not following immigration rules etc. I was thinking of returning on my UK passport, then once back in the US I could sort my status and green card out that way.

3 minutes ago, Boiler said:

Permanent Residents do not need to quarantine to enter the US.

Thanks, but Im unsure of my status is still permanent resident, after no communication from USCIS about my 2 year conditional green card. 

38 minutes ago, Boiler said:

How long have you been when are you returning?

I cant return now because of the pandemic and travel restrictions. But as soon as they are lifted I will look to return. I just want to get my green card and status confirmed first before I travel. I believe it is the USCIS who would confirm my status of my green card, but Im having great difficulty in being able to be in contact with them.

40 minutes ago, Dashinka said:

If you are planning on staying the in the UK, you can file the I407 and abandon your LPR status.  
 

https://www.uscis.gov/i-407

I do wish to return to the US after this covid pandemic. What would I need to file to USCIS for that?

I am seeking some advise regarding my green card situation. Please can you read below, and any input/advice would be gratefully received. 

I obtained my green card through marriage to a US citizen, to which we are now divorced. I had a 2 year conditional green card which before it expired submitted the I-1751.  Then I received an I-1797C notice to action receipt from the USCIS. After receiving that receipt I never received anything else from them. On the top of the receipt it advised me that my status had been extended. 

I then went back to the UK to see family, and whilst I was there ended up getting a job. I have since tried to contact the USCIS without any joy. I have also contacted the US embassy in London again without any joy.

The only information it has on my USCIS account when I use the case tracker, is that my case was transferred to a new office who has jurisdiction now. But it doesn't give me any information on which office to contact.

So I am stuck with the above situation, and don't know who to contact and what my next steps forward are?