Outside the US with valid GC. Considering re-enter after +2 years outside.

ManyM

ManyM

New Member
Hello, i have been in and out of US over +30 years (sometimes more than 2 years outside and always managed to get in and update my documents) . I have actually a valid SS, DL, GC, etc. I have a Green Card since i was 12 years old.
Last time i lived and worked in the US, i entered as a tourist with the family (got approved with the ESTA authorization) as my GC was expired for some time and i still dont know how, but i did updated my GC and my DL and they are valid today.
I have a tourist visa stamped in my Passport (passport validation ends in 6 months from now) should i just ask for a new and "clean" passport?
I want to go back to the US, should i consider a SB-1 visa? The emigration officers probably would never understand the reasons of the SB-1 since the COVID19 explanations are not worth.
Do they keep track of all passports that overstayed in the US with a tourist visa stamped on the passport? Will they manage to see when i left the US (+2 years)?
Since i got out "as a tourist" with an expired visa on the passport will associate my name and find the connection between the expired tourist visa and the GC holder being the same???
Should i go thru and proceed with a renovated passport and my valid GC?
Any feedback will be helpful,

Thank you and stay safe.
 
I’m confused here. If you have a valid GC like you said, why did you enter as a tourist? Expired GC does not mean you lost your residency. However, since you were technically a permanent resident when you entered an overstay will not apply to you. It seems from your description thst you are not maintaining a valid residency in the US and primarily living outside, so there is a chance that your GC may be revoked. However a GC can only be revoked by an immigration judge and not by CBP.

If you have a valid GC, you can try to enter using the same along with your PP. The worst case scenario would be that you would be given a date for the immigration court. However in many cases the CBP does not bother in such cases and will let you in with a warning. I had seen a AMA on Reddit where a CBP officer said that many port supervisors do not want to bother with paperwork in such cases of prolonged absences of GC holders and will let you in. Please note that your mileage may vary. If you do come in, it’s a good idea to maintain residency or just give up your GC.
 
Thank you for your feedback.
Do they know (or does the system shows) how long i have been outside of the US? That will be for certain an obvious question on any attempt to re-enter. Should i say the truth (+2 years) and face the consequences or avoid further questions and say "about 5 months" ( they will know how long i have been absent?)?
If i successful re-enter but the CBP officer sets up a date for immigration court, would i still be aloud to work in the hole process?
 
ManyM said:
Should i say the truth (+2 years) and face the consequences or avoid further questions and say "about 5 months" ( they will know how long i have been absent?)?
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This forum does not condone nor provide guidance on misrepresentation or fraudulent immigration attempts.
 
Lying to a federal officer is unlawful. However you can legally refuse to answer questions - this may result in further investigation though. I suggest you just tell the truth if asked. Yes you should be able to work as you are legally a permanent resident until your status is revoked by the judge.

Just make sure you do not sign any forms voluntarily giving up your GC such as I-407 if the CBP asks you. If the pressurized you, ask them that you would like an immigration judge to make a decision. There’s a decent chance that they will just let you go in order to avoid paperwork on their side
 
ManyM said:
Do they keep track of all passports that overstayed in the US with a tourist visa stamped on the passport? Will they manage to see when i left the US (+2 years)?
Since i got out "as a tourist" with an expired visa on the passport will associate my name and find the connection between the expired tourist visa and the GC holder being the same???
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Yes, they will know it’s you via biometrics which will connect the different passports.
I can’t even begin to figure out how you did what you did or what the consequences might be. Your last entry will certainly have been recorded as a B entry in their system if you entered using a tourist visa. Beyond that..l don’t know.
 
SusieQQQ said:
Yes, they will know it’s you via biometrics which will connect the different passports.
I can’t even begin to figure out how you did what you did or what the consequences might be. Your last entry will certainly have been recorded as a B entry in their system if you entered using a tourist visa. Beyond that..l don’t know.
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I find that entry strange too and yes it will be recorded as a B entry. However it is not technically unlawful for a GC holder or citizen to be classified incorrectly and their GC status will take precedence so there will be no overstay. I have heard instances of GC holders from Canada that just scan their passport at kiosks instead of their GC and get their entry recorded incorrectly. But CBP will have all the records somewhere if they dig them. The important thing is that he was able to renew his GC and his PR was not rescinded. So he should be able to enter 100% but there is a risk of being sent to the IJ. But these days the immigration courts are overwhelmed so it will take 4-5 years by the time he gets his date which is sufficient to re-establish residency and terminate proceedings. It’s worth a try IMO and an absolutely legal maneuver. In most of these cases the DHS attorney won’t even bother wasting their time unless OP has other removability issues. That’s the reason CBP doesn’t wanna waste two hours of their time doing paperwork that the DHS might later toss in the bin
 
Fin said:
I find that entry strange too and yes it will be recorded as a B entry. However it is not technically unlawful for a GC holder or citizen to be classified incorrectly and their GC status will take precedence so there will be no overstay. I have heard instances of GC holders from Canada that just scan their passport at kiosks instead of their GC and get their entry recorded incorrectly. But CBP will have all the records somewhere if they dig them. The important thing is that he was able to renew his GC and his PR was not rescinded. So he should be able to enter 100% but there is a risk of being sent to the IJ. But these days the immigration courts are overwhelmed so it will take 4-5 years by the time he gets his date which is sufficient to establish residency and terminate proceedings. It’s worth a try IMO and an absolutely legal maneuver
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Will it? Or will a fussy CBP Officer tell them that entering using a tourist visa is tantamount to declaring they have abandoned residence and he renewed his GC under false pretenses, and tell him to see a judge? Like i said, no way of knowing what the consequences will be. OP might get a stern talking to and get let in with no further consequence, or might get held in custody until an IJ appearance, or anything in between. Your little analysis here also conveniently ignores that OP has now stayed out well beyond the time deemed to abandon residence, which in itself would be a problem even absent the various prior shenanigans. There is more to having a valid green card than what the printed expiry date is. The safe thing to do usually of course is get a SB1 except that OP clearly knows the situation doesn’t justify it. I understand your view is that OP will probably be ok because CBP officials can’t be bothered with paperwork. That’s a little complacent for me, but then again I’d never be as cavalier as OP has been with a green card anyway, so he/she might as well try, what do they have to lose?
 
You are absolutely right that OP seems to have stayed beyond normal residency requirements. But the worse possible consequence is that the CBP might ask him to see a judge, the CBP has no right to deny him entry with a valid GC. OP might have a hard secondary exam but will be let in for sure. Whether he will succeed in front of the judge or not is a different story but like I said the immigrantion courts are backlogged and he may get a date well into the future which will enable him to re establish residency. However OP should be careful not to sign I-407 or give any signed statements to the CBP that can be used against him in the court. Such statements make it difficult for a lawyer to plead your case as it puts them in a box. If they pressure like, just say “I will not give any written or oral statements without my lawyer. I have a valid green card and the right to enter the US. If CBP wants they can send me to the IJ and I will please my case there.” A lawyer consult beforehand wouldn’t hurt either.

Edit: A custody is absolutely unlikely unless OP has committed a crime. CBP cannot just detain LPRs like that for a suspected residency violation that has not been proven by a judge.
 
Well, judging by his/her history OP wont stay long enough to properly re-establish residence anyway! Not if they have to wait that long for an IJ. OP does not seem to place a high value on the GC so I don’t imagine it matters much either way.
 
True...however, I am making a suggestion based on what would be the best legal route considering OP's circumstances and not whether what they did was morally right or in the right spirit of law. I usually do not judge because each person's circumstances are different. For example, I value my US citizenship because I am unable to go to my country of birth nor do I have any documents from there (haven't visited for 9 years since I came here). If I am deported, I have literally nowhere to go. But others may have options, so the value might be lesser.
 
Interesting discussion. Thank you.
Being held in custody by a CBP officer does not seem legal since i have never committed any crime in the US or elsewhere. I don´t even have a traffic violation ticket anywhere in the world. Always study or worked to improve my life, my wife´s or my son and daughter life.
Is it illegal to be a GC holder and enter the country with my legal passport with a ESTA authorization?
Unfortunately the heading of my life took me to some hard decisions in the last couple of years, decisions i really had to take. Every situation is different for everyone. The motives are different for everyone.
I certainly value and respect my GC, but life sometimes does not "open the doors" you need to be open at some stages.
 
ManyM said:
Being held in custody by a CBP officer does not seem legal since i have never committed any crime in the US or elsewhere.
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It is legal to detain you pending a hearing in immigration court (in this case, removal proceedings).
 
ManyM said:
Interesting discussion. Thank you.
Being held in custody by a CBP officer does not seem legal since i have never committed any crime in the US or elsewhere.
Is it illegal to be a GC holder and enter the country with my legal passport with a ESTA authorization?
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Hmm! You misrepresented yourself at the POE when you presented an ESTA authorization in place of a GC as a LPR, - that to me is committing a crime. You presented yourself as a short term visitor, knowing fully well you we’re planning on staying longer than the ESTA allows and working in addition.
 
Sm1smom said:
Hmm! You misrepresented yourself at the POE when you presented an ESTA authorization in place of a GC as a LPR, - that to me is committing a crime. You presented yourself as a short term visitor, knowing fully well you we’re planning on staying longer than the ESTA allows and working in addition.
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The ESTA questions also ask if you are coming to the US to work. A truthful yes answer would have led to denial of the ESTA authorization.
People always have so many good reasons for them not having to follow the law ... :rolleyes:
 
Ok, so in your understanding, not being 100% truthfull on a tourist authorization (regarding family issues) leads to detention up on re-entry the US?
You think the CBP officer would let me in the US with a expired GC, my wife, my daughter and my son with ESTA authorizations? Doesn't make much sence.
 
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ManyM said:
Ok, so in your understanding, not being 100% truthfull on a tourist authorization (regarding family issues) leads to detention up on re-entry the US?
You think the CBP officer would let me in the US with a expired GC, my wife, my daughter and my son with ESTA authorizations? Doesn't make much sence.
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What I think is you shouldn’t have misrepresented yourself or your intent at the POE regardless of what you thought was a ‘legitimate’ reason for doing so. Only to subsequently claim you’ve never committed a crime!
 
I understand my mistake. It seemed the best option at the time.
Of course all our actions have repercutions. Unfortunatelly it is sad for me to accept that I can not ever again entre the US. Very sad.
 
@ManyM You did make a mistake by entering on ESTA instead of GC. The right way would be a re-entry permit or to enter before GC expires.The CBP would have let you in even on an expired GC albeit might have sent you to an IJ for residency issues. The airline might not let you board with an expired GC but you can always go to Canada and present yourself at the land border.

One thing is sure - you are not a overstay since your permanent residence status takes precedence.

You did misrepresent to CBP, however the legal question is “was this material misrepresentation” - the materiality is a key aspect of this. Legally a misrepresentation is material if the petitioner is inadmissible under true facts - the true facts being that you had an expired GC and were living outside for over 1 year. You may want to get this point assessed by a lawyer. I personally do not think so since your PR status was valid and not revoked which is confirmed by the fact that your GC was renewed after all background checks. But I’m not a lawyer

Else, just try an entry and try your luck. You may get in easy or it may get tough. Just be mentally ready for a tough secondary exam and make sure you do NOT lie but do not give any statements to CBP that can be used against you if they send you to a judge. I suggest you tell them what I said before. Keep a lawyers number handy. Good luck.
 
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