Did I get a warning?

B

buurz

New Member
Hi,

Here is some background info:
- I had GC since 2003
- in 2007 I went to intentional assignment for my US employer (I'm on US payroll but am mostly abroad)
- since 2007 I have been mostly abroad but regularly traveling to US every 3-4 months for a few weeks (in the last 4 years I have been outside of US for about 3.5 years)
- I had re-entry permit which expired last year and I still haven't applied for a new one

Last time I went to US, immigration officer noticed I had an expired REP and asked me if I applied for new one. I answered that I intend to apply and he said that I should do that or that my GC cold be taken by immigration judge.

Would this normally count as a "warning" that I read about on this forum, after which I could be denied entry?

I have since left US again, and am now wondering should I go to US again to apply for REP, or would my GC just be taken when I try to re-enter US. If my GC would be taken, it seems better option for me would be to just stay away, in order to be able to keep my employment with US employer (and be able to get at least tourist visa if I surrender by GC voluntarily, rather than if it is taken)
 
You should return an apply ASAP. Since you are a GC holder, you are not subject to Expedited Removal, so, you would have the right to plead your case for keeping your GC to an Immigration Judge. Try not to end up in that situation.

When you went on that first international assignment, did you consider filing an N-470, did you qualify, or even know what it was/is?
 
next time u enter usa, please apply for a reentry permit>>
the officier gave you a verbal warning or did he type in his computer?
did u go to secondary inspection?
if he sends you to see a judge, he knows for sure our green card will be taken.
you re on payroll and you re paying taxes, you re not getting employment benefit so you re a problem for us government>
always travel with your taxes>>>showing that your home is in usa..
 
Last edited by a moderator:
Well, he was checking me out in computer (thats how he saw I had expired REP), but when he mentioned I should get a new REP, I'm not sure did he enter something into computer or not. This was at primary inspection, and he didn't really give me any problems.
 
buurz said:
Last time I went to US, immigration officer noticed I had an expired REP and asked me if I applied for new one. I answered that I intend to apply and he said that I should do that or that my GC cold be taken by immigration judge.
Click to expand...

Yes, that's a warning.

You should return to the US ASAP and apply for a reentry permit. You should have applied for one on the same trip when you received the warning.
 
sunshineman said:
if he sends you to see a judge, he knows for sure our green card will be taken.
Click to expand...

That's not true. When one faces the judge, one can present more evidence to defend your green card than what was available at the port of entry. Being sent to an immigration judge doesn't meant the green card will be revoked.
 
It would be in your best interest to review:

8 CFR § 235.3 Inadmissible aliens and expedited removal.

(b) Expedited removal —

(5) Claim to lawful permanent resident, refugee, or asylee status or U.S. citizenship —(i) Verification of status. If an applicant for admission who is subject to expedited removal pursuant to section 235(b)(1) of the Act claims to have been lawfully admitted for permanent residence, admitted as a refugee under section 207 of the Act, granted asylum under section 208 of the Act, or claims to be a U.S. citizen, the immigration officer shall attempt to verify the alien's claim. Such verification shall include a check of all available Service data systems and any other means available to the officer. An alien whose claim to lawful permanent resident, refugee, asylee status, or U.S. citizen status cannot be verified will be advised of the penalties for perjury, and will be placed under oath or allowed to make a declaration as permitted under 28 U.S.C. 1746, concerning his or her lawful admission for permanent residence, admission as a refugee under section 207 of the Act, grant of asylum status under section 208 of the Act, or claim to U.S. citizenship. A written statement shall be taken from the alien in the alien's own language and handwriting, stating that he or she declares, certifies, verifies, or states that the claim is true and correct. The immigration officer shall issue an expedited order of removal under section 235(b)(1)(A)(i) of the Act and refer the alien to the immigration judge for review of the order in accordance with paragraph (b)(5)(iv) of this section and §235.6(a)(2)(ii). The person shall be detained pending review of the expedited removal order under this section. Parole of such person, in accordance with section 212(d)(5) of the Act, may be permitted only when the Attorney General determines, in the exercise of discretion, that parole is required to meet a medical emergency or is necessary for a legitimate law enforcement objective.

(ii) Verified lawful permanent residents. If the claim to lawful permanent resident status is verified, and such status has not been terminated in exclusion, deportation, or removal proceedings, the examining immigration officer shall not order the alien removed pursuant to section 235(b)(1) of the Act. The examining immigration officer will determine in accordance with section 101(a)(13)(C) of the Act whether the alien is considered to be making an application for admission. If the alien is determined to be seeking admission and the alien is otherwise admissible, except that he or she is not in possession of the required documentation, a discretionary waiver of documentary requirements may be considered in accordance with section 211(b) of the Act and §211.1(b)(3) of this chapter or the alien's inspection may be deferred to an onward office for presentation of the required documents. If the alien appears to be inadmissible, the immigration officer may initiate removal proceedings against the alien under section 240 of the Act.

This is just to get you pointed to the right area within the regulations....
 
How long is the warning valid?

How long is the warning valid?

I mean. If you happen to get a warning like buurz on arrival, for how long you should be careful when travelling?

Situation 1)

You travel right after the warning => you end up having problem next time probably/obviously

Situation 2)

You travel, say, a year after the warning => what happens here? If you arrive at POE then an officer will hassle you?
 
Hannah7 said:
Situation 2)

You travel, say, a year after the warning => what happens here? If you arrive at POE then an officer will hassle you?
Click to expand...

Probably not. 6 months, maybe even 3 or 4 months staying in the US before the next trip should be enough to avoid the hassle, provided the next trip itself isn't 6+ months.
 
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