AP expired, green card approved, out of country

J

jjiang

Registered Users (C)
Dear all,

I have a very tricky situation. I filed for the green card on July 2, 2007 (NIW based, I-140 was approved June 2006). After several years of waiting, I kinda lost my patience; so, I quit the job and headed back to China. My wife and I left the US 18 months ago with an expired AP. Now I got an email from USCIS that my green card was approved and the card is on the way to my friend's address. I have the following questions:

1. how can I get back to the US?
2. what kind of visa I can apply for?
3. is it possible that I can still use the green card?
4. if I want to apply for the green card again in the future, can I still use the approved I-140?

Thanks a million!
 
jjiang said:
Dear all,

I have a very tricky situation. I filed for the green card on July 2, 2007 (NIW based, I-140 was approved June 2006). After several years of waiting, I kinda lost my patience; so, I quit the job and headed back to China. My wife and I left the US 18 months ago with an expired AP. Now I got an email from USCIS that my green card was approved and the card is on the way to my friend's address. I have the following questions:

1. how can I get back to the US?
--------- if the Card is being sent to your friend address in US then your friend can Mail the Green Card to you or can send with somebody who is coming to China and you can enter US with the Card.
2. what kind of visa I can apply for?
-----No Visa to be applied as you got GC
3. is it possible that I can still use the green card?
----------Yes
4. if I want to apply for the green card again in the future, can I still use the approved I-140?
-------- your I-140 is used for current GC and one cant use the same I-140 twice
Thanks a million!
Click to expand...

---------
 
justdoit said:
So, leaving the country with 485 pending does not mean abandoning the 485/GC process?
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Leaving the US without a valid AP, while also not having an H1B/H4/L1/L2 visa would normally result in denial of your I-485. But it is not automatic -- they have to take the step of actually denying your I-485. They didn't deny it, so you can use the green card to reenter the US, unless they make an issue of your long absence when you arrive at the port of entry.

DO NOT have anybody send the GC to you by mail. GC's often get lost in international mail. It should be sent only by private courier like Fedex, UPS, or DHL.
 
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Jackolantern said:
Leaving the US without a valid AP, while also not having an H1B/H4/L1/L2 visa would normally result in denial of your I-485. But it is not automatic -- they have to take the step of actually denying your I-485. They didn't deny it, so you can use the green card to reenter the US, unless they make an issue of your long absence when you arrive at the port of entry.

DO NOT have anybody send the GC to you by mail. GC's often get lost in international mail. It should be sent only by private courier like Fedex, UPS, or DHL.
Click to expand...

Thank you for the response. I do have a valid AP when I left the US; the issue is that my AP expired for 9 months now. What will happen if I was denied at the POE? Will they still allow me to enter the US or ask me to return back to China immediately? Thanks!
 
They would either send you back, or take away the card and let you in with a requirement for you to see an immigration judge to argue your case to get it back.

One of the most common questions they ask of green card holders is how long you were gone out of the US. If you don't want to raise an alarm, you should say something like the green card was approved recently when you were out of the country and since the approval you have been outside the US for X days/weeks.

If you had switched to consular processing when you left, you wouldn't have had this issue. With consular processing it doesn't matter how long you stay outside the US while the process is pending. However, even if you are denied at the POE, maybe all is not lost. Your failure to return before the AP expired only created an issue with your I-485, not your I-140; if they had denied your I-485 when your AP expired, you still would have been able to switch to CP and finish the process at the consulate. So if they are going to deny your entry with the GC for the same I-485 issue, there might still be some possibility to use the same I-140 for CP. However, given that the GC was approved, that would be stretching into obscure reaches of immigration law so I'm not sure how successful that would be.
 
Jackolantern said:
They would either send you back, or take away the card and let you in with a requirement for you to see an immigration judge to argue your case to get it back.

One of the most common questions they ask of green card holders is how long you were gone out of the US. If you don't want to raise an alarm, you should say something like the green card was approved recently when you were out of the country and since the approval you have been outside the US for X days/weeks.

If you had switched to consular processing when you left, you wouldn't have had this issue. With consular processing it doesn't matter how long you stay outside the US while the process is pending. However, even if you are denied at the POE, maybe all is not lost. Your failure to return before the AP expired only created an issue with your I-485, not your I-140; if they had denied your I-485 when your AP expired, you still would have been able to switch to CP and finish the process at the consulate. So if they are going to deny your entry with the GC for the same I-485 issue, there might still be some possibility to use the same I-140 for CP. However, given that the GC was approved, that would be stretching into obscure reaches of immigration law so I'm not sure how successful that would be.
Click to expand...

Thanks for the prompt response. If I am deemed as abandoning the green card, can I use I-140 in another attempt to apply for I-485 through CP? Sounds like my case is getting complicated.
 
jjiang said:
Thanks for the prompt response. If I am deemed as abandoning the green card,
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If you're deemed as abandoning something, it would be abandoning the AOS process, not the green card itself.
can I use I-140 in another attempt to apply for I-485 through CP?
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I don't know, but it's worth a try. If they refuse you at the port of entry because of AOS abandonment, file an I-824 to shift the I-140 to a consulate in China and see if they'll let you go ahead that way.

What about your wife's green card? Was hers also approved?
 
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When you go to the US, travel together and go up to the immigration counter together. That way you'll see just one officer and not two, thus reducing the chances of encountering a hostile officer by half!

And of course, you wouldn't quit your job and sell off your belongings before that first trip ... it would be safer to get inside the US successfully at least once before making the big final move.
 
Jackolantern,
I need some imp information on I-140 experience letters,EB2.Is it possible for you to provide me with your email/contact details?
 
Jackolantern said:
When you go to the US, travel together and go up to the immigration counter together. That way you'll see just one officer and not two, thus reducing the chances of encountering a hostile officer by half!

And of course, you wouldn't quit your job and sell off your belongings before that first trip ... it would be safer to get inside the US successfully at least once before making the big final move.
Click to expand...

I appreciate your suggestions. My friend received both green cards today. I will plan on coming back to US at the end of October. Hope things will work out flawlessly.
 
thepaw said:
How did things work out?
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probably whisked away at the airport and deported back to China on the next flight lol...People with unsuccessful stories don't come back to these forums and share their experiences.
 
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