Hi guys,
Really pulling my hair out on this one, any info/thoughts of any kind anyone could provide would be very much appreciated. I'm going to stick this post in the General and the Green card sections as I'm not sure exactly where it should go, I hope that's ok. I'll start by pasting the email I just wrote to visa section at the London embassy, its just a fairly concise explanation of my situation and saves me having to retype, then I'll stick a bunch of points/questions/rants on the bottom:
- I was formerly a conditional permanent resident in the US. I left the US for good and by choice in September of 02 and surrendered my green card by mail to the US embassy in London in April of 03 (before it expired). I have retained my copy of form I-407 signed by a US consular officer in London as evidence of this.
Months after I officially surrendered my green card and approaching a year after I'd left the US, my then wife, a US citizen and resident received a letter from the INS stating that I'd overstayed my green card and that I needed to leave the US. We assumed at the time that this was just because of a lag time in my departure record being updated, in all honesty the INS was pretty disorganized back then and we half expected such a letter, and as she heard nothing further following that letter continued to assume this was just administrative lag.
In any event, I'm intending on visiting the US under visa waiver March 15th, just in transit en route to Belize, and being a chronic worrier I'm slightly concerned that I'm going to run into problems at immigration if my departure record shows an overstay. I don't know that the letter I mentioned constitutes 'removal proceedings', and I'm guessing probably not as we heard nothing further, but I'd like to make sure for my own peace of mind I'm not going to run into any trouble. Is there any way I can find out if my record is flagged in such a way that it'd give me trouble clearing immigration? My 'A' number if it's any use to you was: xxx-xxx-xxx
Apologies for such a complex question, any info or advice you could give me would be very much appreciated. Thanks very much! -
OK so that's the letter, one thing I didn't mention in the letter tho, not by deliberate omission but because I only just realised it a moment ago: Like I said I left the US for the last time on September 02, 8 months before my green card expired. My green card expired May 7th 03, I submitted my I-407 on April 28 03, and indicated this date as my abandonment date in box 6(c) on the form, but because they took a while to process it the consular sign off on the form is actually May 9th, ie two days after my green card expired. Is this bad??
In any event I was never in the US illegally, had no convinctions, paid all my bills/taxes etc before I left, never lied to the INS in any way about anything - but I'm guessing that my ex having received that letter indicates some kind of administrative balls up and I'm really worried I'm gonna show as having a history of removal proceedings against me when I try and clear immigration on visa waiver in a fortnight. And I KNOW I'm a dumbass for not sorting this out way sooner, before anyone says it. And i likewise know I could have made my life a lot easier by applying for a NIV (transit or tourist, don't know anything about these classes) instead of relying on Visa Waiver but unfortunately I don't have time to do this anymore. I'm a British citizen btw, if its relevant to any of this.
OK so a couple questions:
1. Is anyone aware of any way of finding out what records are kept and what they say about a persons immigration history, bear in mind they're probably way more extensive now with the fingerprinting database thing at POE, and is there any way I can query their contents in advance.
2. If I can find out their contents is there any way I can get them altered in time?
3. This is the big one. If there IS a history of removal proceedings against me does the official at POE have the option of ignoring this/granting me entry anyway, or does s/he not have that discretion. I'm pretty sure I'd have no problem convincing anyone of non-immigrant intent. I have my I-407, a through ticket to Belize (with one night stopover), and a suitcase full of bug spray and beachwear.
4. Why the hell are there no direct flight routes to Belize from Europe?
5. Anything at all anyone could say that might be useful or shed some light on any of this
Thanks very much!!
Alastair
Really pulling my hair out on this one, any info/thoughts of any kind anyone could provide would be very much appreciated. I'm going to stick this post in the General and the Green card sections as I'm not sure exactly where it should go, I hope that's ok. I'll start by pasting the email I just wrote to visa section at the London embassy, its just a fairly concise explanation of my situation and saves me having to retype, then I'll stick a bunch of points/questions/rants on the bottom:
- I was formerly a conditional permanent resident in the US. I left the US for good and by choice in September of 02 and surrendered my green card by mail to the US embassy in London in April of 03 (before it expired). I have retained my copy of form I-407 signed by a US consular officer in London as evidence of this.
Months after I officially surrendered my green card and approaching a year after I'd left the US, my then wife, a US citizen and resident received a letter from the INS stating that I'd overstayed my green card and that I needed to leave the US. We assumed at the time that this was just because of a lag time in my departure record being updated, in all honesty the INS was pretty disorganized back then and we half expected such a letter, and as she heard nothing further following that letter continued to assume this was just administrative lag.
In any event, I'm intending on visiting the US under visa waiver March 15th, just in transit en route to Belize, and being a chronic worrier I'm slightly concerned that I'm going to run into problems at immigration if my departure record shows an overstay. I don't know that the letter I mentioned constitutes 'removal proceedings', and I'm guessing probably not as we heard nothing further, but I'd like to make sure for my own peace of mind I'm not going to run into any trouble. Is there any way I can find out if my record is flagged in such a way that it'd give me trouble clearing immigration? My 'A' number if it's any use to you was: xxx-xxx-xxx
Apologies for such a complex question, any info or advice you could give me would be very much appreciated. Thanks very much! -
OK so that's the letter, one thing I didn't mention in the letter tho, not by deliberate omission but because I only just realised it a moment ago: Like I said I left the US for the last time on September 02, 8 months before my green card expired. My green card expired May 7th 03, I submitted my I-407 on April 28 03, and indicated this date as my abandonment date in box 6(c) on the form, but because they took a while to process it the consular sign off on the form is actually May 9th, ie two days after my green card expired. Is this bad??
In any event I was never in the US illegally, had no convinctions, paid all my bills/taxes etc before I left, never lied to the INS in any way about anything - but I'm guessing that my ex having received that letter indicates some kind of administrative balls up and I'm really worried I'm gonna show as having a history of removal proceedings against me when I try and clear immigration on visa waiver in a fortnight. And I KNOW I'm a dumbass for not sorting this out way sooner, before anyone says it. And i likewise know I could have made my life a lot easier by applying for a NIV (transit or tourist, don't know anything about these classes) instead of relying on Visa Waiver but unfortunately I don't have time to do this anymore. I'm a British citizen btw, if its relevant to any of this.
OK so a couple questions:
1. Is anyone aware of any way of finding out what records are kept and what they say about a persons immigration history, bear in mind they're probably way more extensive now with the fingerprinting database thing at POE, and is there any way I can query their contents in advance.
2. If I can find out their contents is there any way I can get them altered in time?
3. This is the big one. If there IS a history of removal proceedings against me does the official at POE have the option of ignoring this/granting me entry anyway, or does s/he not have that discretion. I'm pretty sure I'd have no problem convincing anyone of non-immigrant intent. I have my I-407, a through ticket to Belize (with one night stopover), and a suitcase full of bug spray and beachwear.
4. Why the hell are there no direct flight routes to Belize from Europe?
5. Anything at all anyone could say that might be useful or shed some light on any of this
Thanks very much!!
Alastair