In removal proceedings but already out of the country

R

raulrod

New Member
Hi,
I'm posting this on behalf of a family member. He was a green card holder but was in another country and overstayed about 2 years without entering the US. Once he entered the US he was obviously stopped by immigration officers and from my understanding was let on condition that a judge would rule whether he is admissible or not. The thing is before he received a court date by mail he decided to go back to his country and left the US. He is now in removal proceedings but he is no longer in the US. Is it possible to apply for form 1-407 (Abandonment of Lawful Permanent Resident Status) once you're in removal proceedings? He has a notice to appear for removal proceedings at the end of the month but he's obviously not here I'm planning to go and hopefully prove he's no longer in the country (maybe showing a copy of his stamped passport?). What we want to avoid is a deportation on his record. Your recommendation in this complex case is greatly appreciated.
 
Have him hurry to a Consulate or Embassy to show proof of his departure. He can complete an I-407 if he wants and request that proof of the situation be sent back to the U.S. Does the Notice have contact information for the Court and or the ICE Counsel? Can you just let them know about it now rather than waste time going there? Any IJ would simply terminate proceedings.

What jurisdiction is it?
 
Thanks so much for your response. I asked for the documents to be able to better answer your questions. If the Immigration Judge decides to terminate proceedings (given that the Consulate or Embassy provided proof of the person's departure) would the person's record show 'deported'?
 
raulrod said:
Thanks so much for your response. I asked for the documents to be able to better answer your questions. If the Immigration Judge decides to terminate proceedings (given that the Consulate or Embassy provided proof of the person's departure) would the person's record show 'deported'?
Click to expand...

No, therefore, he will NOT face the 5 year bar at INA 212(a)(9)(A)(ii)(II) and no waiver will be required to seek a new visa (nonimmigrant or immigrant) in the future.
 
Any advice on whether filling out an I-407 to officially abandon his legal permanent status would make things easier for him (in terms of getting his status sorted out now that he will not have a green card)? In the future he would like to be able to visit the US where his sons and grandchildren reside.
 
Someone needs to get off the crack pipe. He was a green card holder, and served with a NTA. He was given a court date and failed to appear. I'm willing to bet he was ordered removed "in abstenia." I seem to recall that it is also a violation of the I&NA to depart the United States while in immigration processing. He basically self deported himself.
 
Hi, does anyone know what happened with this case in the end? I am now in a similar position. I was served with an NTA for abandoning my status, I had to leave the US for work, am back in London and now want to abandon my status via the 1-407 form.

I have been served with an NTA to appear, yet the difference is that the NTA has not been filed yet, which means that my case is not on the system and no date has been set for the hearing yet.

Any advice would be much appreciated!
 
You must log in or register to reply here.
Top