Can I leave the country for short time during removal proceedings under these circumstances?

A

Amit Kathuria

New Member
I am green card holder since Jan 2012. I have done my Master's at USC, CA (2011-13) and worked at Intel Corporation (2013-15).


Since then I moved to India and have been maintaining my green card by visiting USA every 5 months. After getting married in Mar 2017, I filed for petition I130 for my wife for her green card too because we want to move back to USA immediately. But the petition takes long time to approve and I just couldn't migrate alone without her. Now she is pregnant since Dec 2017 and I obviously can't leave her alone.


But immigration officers stopped me at airport this time in May 2018 (without caring of my circumstances) and forwarded my case to immigration judge under removal proceedings (issued me a NTA). I just cant leave this country now otherwise I will be self deporting myself and I can’t stay here for long too as my baby is due by Aug 2018. I need a workaround where I can fight my case and still able to visit India before delivery of my baby. I am ready to wait till master calendar hearing and discuss this out with the judge too. But after that, I really need to be with my wife in India till the delivery and I am ready to come back well before the individual hearing. What should I do?
 
To be blunt, there’s no workaround. You were not residing in the US - it’s a fallacy (proven here clearly) that touching down every six months keeps your green card.
I’d say, surely your baby is more important, but the choice is obviously up to you.
 
Well, you were basically trying to eat your cake and still have it at the same thing. The GC is meant for permanently residing in the US, not a super visa for visiting every 5 to 6 months as some form of maintenance.

Th IO that referred you to an immigration judge did the right thing. He is not supposed to care about what you considered your situation, that was your personal choice! You just couldn’t leave your wife alone. You just couldn’t return to the US alone while your wife waited out the process in India - too bad you knowingly made the wrong choices. Now you get to face the music. So, no work around solution!
 
I've seen a few such/similar scenarios where LPRs push the envelope by making short, temporary trips to the US to maintain their green cards. OP's phrasing "..and have been maintaining my green card by visiting USA every 5 months.." is telling. There is a reason green card holders are called legal permanent residents. OP abused his privilege, and CBP rightfully referred him to an IJ.

Let this be a lesson to others contemplating similar abuse..
 
Amit Kathuria said:
What should I do?
Click to expand...

You have virtually no fallback. In any case the chances you will be able to retain the green card are slim. You did not make the USA your home. My advice is voluntarily give up the green card, because you will lose more than likely lose it in immigration court. Giving it up voluntarily looks better on your immigration record.
 
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