Re-entry in the US

Autre Pensee said:
Hello and thank you for your response.
I agree about the shoulds everybody has mentioned to me. But unfortunately life is not always that simple. We were planning on travelling back on several occasions but could not make it happen.
As of now, as I mentioned, we've had a pretty rough time in France and we may have to move back (I understand this has no bearing in the decision of me keeping my green card). If I ever get through immigration, I may actually have a work interview. So loosing my green card would obviously make life much harder for me.
However, this is not my main concern at the moment since, I can get it back through my wife, at a hefty but manageable cost (~1500$ from what I've seen).
My main concern is entry in the US for this trip AND not imparing future potential green card applications.

I thought after a year of no entry applying for ESTA would simply categorize me as a tourist and I would be granted entry as such under the visa waiver program. However everybody seems to tell me that it isnt the case. (on this forum and 2 of the 3 lawyers i have contacted). One lawyer even told me applying for ESTA is the worst thing I could do. I dont understand why.
Also, If i attempt an entry via green card and the CBPO "refuses" entry I thought I would be granted entry as a tourist. Again, everybody seems to tell me that it isnt the case.

What I cannot do is wait weeks or months in the US for an immigration judge appointment. I still have a job in France and need to be able to return with my family at the end of this emergency trip.
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OK, you seem to be very undecided and not focused, earlier you said the GC was important to you, but now it isn't and this entry is more important. Your trip is in a few days, so good luck and let us know how it goes.
 
Britsimon said:
OK, you seem to be very undecided and not focused, earlier you said the GC was important to you, but now it isn't and this entry is more important. Your trip is in a few days, so good luck and let us know how it goes.
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This seems a rather harsh judgement. Of course my green card is important to me. I have worked hard to get it and I would be extremely sad to see it go. But keeping it is not as important as not getting taken away potentially in handcuffs (which someone said to me on another forum) in front of my child daughter! or being obliged to stay behind in the US for weeks/months while my family returns to France... PLease consider all the facts.

Edit:
That being said, I am very grateful to everybody who took time to give me their ROE and/or advice
 
Autre Pensee said:
This seems a rather harsh judgement. Of course my green card is important to me. I have worked hard to get it and I would be extremely sad to see it go. But keeping it is not as important as not getting taken away potentially in handcuffs (which someone said to me on another forum) in front of my child daughter! or being obliged to stay behind in the US for weeks/months while my family returns to France... PLease consider all the facts.

Edit:
That being said, I am very grateful to everybody who took time to give me their ROE and/or advice
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It's not a harsh judgement, in fact it's not even a judgement. I am not your judge, I was simply trying to help. But as I said before - I wish you luck.
 
Britsimon said:
It's not a harsh judgement, in fact it's not even a judgement. I am not your judge, I was simply trying to help. But as I said before - I wish you luck.
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Thank you for your help and your good wishes.
Thank you to everybody else who gave their time to help me.

I spoke with a total of 5 lawyers from 5 different firms. I essentially got 3 different advice. One recurring theme though (except from one lawyer) was the same as what I got from you, "Do not apply for ESTA". The last lawyer gave me what I thought to be the most sensible advice in a way to attempt to prove non-abandonment of residency, within reason, and if that doesnt work, explaining the circumstances of the trip and ask to be let in under parole after abandonning residency.
 
Unless you relinquish your GC, NO ESTA. DON'T DO IT.

Given the circumstances, I guess trying to enter the US with your GC would be easiest. It's likely you'll go through automated passport control. I don't know if the machine asks how long you were out of the country, so unless the system flags it, or you're selected for another reason, you probably won't see an officer. Maybe this will be fine.

Good luck and let us know how it goes.
 
Hello, and let me ask you similar question. My parents are the U.S. citizens since 1995. I unintentionally abandoned my green card in 2005 during my brief visiting of my home country. I suffered a stroke, and then underwent treatment, fully recovered. Was not advised by doctors to take plane trips/go to adventure parks for another one year. Then I got married and then my son Ilya was born in 2007, so I couldn't return to the U.S. because my family, ulike myself, didn't have entry docs into the U.S. Assuming I would successfully pass the LPR test and get the SB-1 visa, my QUESTION IS what are the immigration rules/procedures concerning my wife and my son? Can they apply together with me, or they are not still allowed to join me? Thanks a lot in advance!
 
volony said:
Hello, and let me ask you similar question. My parents are the U.S. citizens since 1995. I unintentionally abandoned my green card in 2005 during my brief visiting of my home country. I suffered a stroke, and then underwent treatment, fully recovered. Was not advised by doctors to take plane trips/go to adventure parks for another one year. Then I got married and then my son Ilya was born in 2007, so I couldn't return to the U.S. because my family, ulike myself, didn't have entry docs into the U.S. Assuming I would successfully pass the LPR test and get the SB-1 visa, my QUESTION IS what are the immigration rules/procedures concerning my wife and my son? Can they apply together with me, or they are not still allowed to join me? Thanks a lot in advance!
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I believe yours is a closed case. You are deemed to have abandoned your LPR status a long time ago. I don't see how any CBP will allow you back in as a LPR, or the embassy granting you a SB-1 visa. And it's not really like you paid a brief visit home going by your previous posts - you went back home based on a 'fixed job contract' you had back then.

Anyway you really should have started a new Thread for your post instead of hijacking another person's Thread
 
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