(818) 543-5801 Additionally, when a non-immigrant visa holder or a Green Card holder arrives at the US border, they are … Have an application pending with U.S. However, the overall number of green cards, just over 1.1 million in 2017, will remain the same. If your green card has been taken by an immigration officer at the airport or other port of entry and you want to get it back, consult a qualified immigration attorney immediately for help. I have never traveled abroad since I moved to the US 2 1/2 years ago, so I was hoping I can get some information on how the process was for you when re-entering the US. CBP may attempt to convince you that you abandoned your residence because of your lengthy or repeated absences from the United States and may urge you to sign a Form I-407, Record of Abandonment of Lawful Permanent Resident Status. If you are denied entry into the United States after a long flight, you might be tempted to argue with the airport officials. Yes, and it happened recently under coercion at U.S. airports. There are many reasons why green card holder or visa holders may be denied entry to the U.S. When faced with the possibility of being turned away at the airport, many people will jump at this opportunity out of fear. 9 years ago we have been outside of the united states for 4 years while we had the green card but after four years we enterned to the united states and the airport agents didn't say why or you can't enter to united states. If you violate the law in the US or anywhere in the world - the US government can remove you from their country, i.e. If CBP takes your permanent resident card, you have the right to other evidence of your LPR status, such as a stamp in your passport. Committing Fraud - If the permanent resident lied, omitted relevant information on their application, … The officer’s reasoning is that my my - Answered by a verified Immigration Lawyer. We will see an impact, if it ever passes,” Golding said. Criminal activity: The INA details specific crimes that would subject a non-citizen to deportation. The proposal will include dramatically reducing the number of  family-based green cards and moving towards a points-based system that will reward, among other factors, education, skills and English language proficiency. It was the complete opposite. ANSWER THE QUESTIONNAIRE ON LINE OR E-MAIL QUESTIONS TO US. This is a change … Section 1256 (a), the USCIS CANNOT take away or rescind someone's green card after five years. The State Department says some 60,000 visas were canceled, more than previous estimates. An LPR who is deemed to be an “arriving alien,” may be placed in removal proceedings, and would have the right to a hearing before an immigration judge. Here are some of the key points of that brochure: If questions or issues arise at the immigration booth, the person may be sent to “secondary inspection,” where CBP … 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. ... Once you and your boyfriend get married you will be able to petition him for a green card but you will run into an obstacle. AddThis. There is anything in your immigration history that was not disclosed during your immigration process or that might cause a government official to question you about the reason for your travel or about your immigration. To avoid delays at the ports of entry or legal issues in the future, you should consult with an immigration attorney prior to traveling if you: Follow us on Facebook.com/GurfinkelLaw and Twitter @GurfinkelLaw, LOS ANGELES; SAN FRANCISCO; NEW YORK: Abandonment. And you are right - ignorance isn't the right type of a defense in this case. TOLL FREE NUMBER: 1-866-GURFINKEL (1-866-487-3465), Questionnaire: New immigrants will have to show that they can financially support themselves and will need to pass a civics exam. The Law Offices of Michael J. Gurfinkel Inc. Section 237. Green card revoked, now what Sorry to hear about your brother's story. (See Immigration and Nationality Act at I.N.A. Green-card holders undergo a lengthy vetting process by the DHS before they are granted permanent US residency. The I-407 is the document that will allow you to voluntary abandon your green card. If you do not agree with the contents of any papers or statements that are presented to you, you may refuse to sign them. PHOTOS: Beyonce, Jay Z Spotted in Kingston, 14 Y-O Pregnant For 53-Y-O Blind Shopkeeper. However, it is important to know: 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. LPR status may be revoked only by an immigration judge. Committing crimes. Being found “inadmissible” for a green card. Recently, the American Immigration Lawyers Association (AILA) posted a brochure concerning lawful permanent residents’ (LPR or green card holder) rights when they are detained at a port of entry, such as an airport, border crossing, or ship dock. Even some green-card holders, who were exempted from Trump’s travel ban after widespread protests, are nervous about their ability to get back into the U.S. if they leave the country. Trump also announced that there would be a new "Build America" visa – details of  which were not provided yesterday. “It’s saying that they are looking to cut back on the Green card for family reunification. A U.S. Customs and Border Protection (CBP) officer will review your card and any other identity documents you present (e.g. If they take her green card away at the border next time she comes back what happens? It could soon become more difficult for Jamaicans to get a US green card following a proposal from  President Donald Trump  that will include significant changes to the way green cards are allocated. People given Green Cards on humanitarian and diversity grounds will now only constitute 10 per cent of  all Green Card recipients. Abandonment of Residence/LPR Status. “They’re many people who never had any idea that they would have the option of going to the United States but the filing by a father or mother. The immigration officer gave me 2 choices, give them my GC or choose judge, I choose the judge and they gave me a paper instead of my GC. In those cases, immigration officials will have expanded authority to issue Notices to Appear (NTA), documents that mark the start of deportation procedures. The new proposal will increase skills-based green cards to 57%. No one knows really the situation. Many foreign travelers are denied entry to the US at airport terminals every day. You must be logged in to access hidden contents! You have the right to review all written statements that are prepared for you, in a language that you can understand, such as Tagalog. However, the overall number of  green cards, just over 1.1 million in 2017, will remain the same. If the permanent resident lied, omitted relevant information on their application, or committed any fraud to get a US green card and this is discovered after the green card is issued, the green card may be revoked. When my dad passed the guards they took him in for question and kept his green card. Generally, immigration officials may put the foreign national into removal proceedings if the petition is not filed by the expiration date. -or- While some people can pull off stuff like that, it's getting harder and harder to do, especially after 9/11. Chose to abandon your status and surrender your Green Card. Have a criminal record (criminal convictions or a pending criminal charge). In the new case decided by the Board of Immigration Appeals (BIA), the BIA held that indeed there is a 5 year window in which USCIS can rescind someone's green cards, but only under some circumstances does this protection extend to green card holders. They show their green card, have a brief meeting with an officer of Customs and Border Protection (CBP), answer a few questions, and are permitted back into the country. green cards) were directed to use the Visitor lines rather than the Citizen lines. Every year they issue a certain amount of visas in those categories. Now they said due to my fathers case a long time ago we would either pay 4,000 dollars or they will depart him back to Vietnam. Engaged in illegal activity after departing the U.S.; Departed the U.S. while in removal proceedings or, Committed certain criminal offenses unless you were granted an immigration waiver; or. Have abandoned or relinquished your LPR (This situation typically arises if a green card holder has stayed outside the U.S. for a year or more); Have been absent from the U.S. for a continuous. Form I-407 must be signed voluntarily You may refuse to sign the form and there are no negative consequences if you refuse to sign it. If you have a lawyer, you should ask CBP for permission to contact your Note, however, that CBP may tell you that you do not have the right to speak to an attorney. Recently, the American Immigration Lawyers Association (AILA) posted a brochure concerning lawful permanent residents’ (LPR or green card holder) rights when they are detained at a port of entry, such as an airport, border crossing, or ship dock. While you may choose to tackle the task of your defense on your own, it is never advisable to do so. 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However I think there's a lot of confusion here. Currently, the diversity lottery offers 50,000 green cards to under-represented groups each year. Arrived at NY airport the immigration process was so smooth. Mail: No matter how long you have had your green card and how many times you have traveled outside the country in the past, on any given return trip, U.S. Customs and Border Protection (CBP) Officers can stop you at the air or sea port, take your green card and try to deport you. You cannot lose your LPR status solely because of time spent abroad. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR). Fraud. Jamaica Diaspora Board Member and US-based immigration lawyer, Wayne Golding, outlined some of  the implications for Jamaicans applying for a green card. The new proposal will increase skills-based green cards to 57%. 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