SB-1 vs Visitor

M

ms756485

Registered Users (C)
I'm not sure if this is the right place to post this, so please forgive if it's not.

I'm an LPR and have been for the last 20 years. I lost my wallet in Taiwan and have been out of the States for a number of years. I called the border patrol and it sounds like in the very least I will be able to enter the states as a visitor. I called an attorney about applying for a replacement Green Card, and he told me that the application to replace a green card doesn't inquire about time spent out of the country (I checked this and it's true). He also told me that I have to be on US soil to apply for the replacement.

My original plan was to show up at the border and claim LPR status, but I might have to change my plan and enter in as a visitor. Then immediately apply for a replacement card. Mine expired in May of this year. I was wondering if you could help me troubleshoot this plan. I was originally going to show up at the border and tell the immigration officer my story hoping for another visa besides visitor.

The only problem is that if I'm turned back I will have already packed up my stuff and given notice to my landlord here. So I'm hoping to get across the border either way. I'm fairly confident that if I can get across the border, then I'll be able to work everything out. The real question is should I tell the whole truth and nothing but the truth and hope for the best, or should I keep my mouth shut and handle things through an attorney when I get to the other side? (Please don't come back with "Honesty is the best policy young man..." - I'm not that young any more! :D.)

Thanks for your help in advance.
 
My original plan was to show up at the border and claim LPR status, but I might have to change my plan and enter in as a visitor.
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When you apply to replace the green card, if they notice that you recently entered as a visitor they won't issue the card.

You might not even get that far; if the officer at the port of entry sees in the system that you have been a permanent resident and notices the lack of any record of your card being revoked or surrendered, you may be sent to the secondary inspection room for additional questioning and investigation. Once they figure out your true situation, you may have to sign a document to acknowledge surrendering of your permanent resident status, or they'll order you to see an immigration judge to sort it out.
 
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Thanks

Jackolantern said:
Once they figure out your true situation, you may have to sign a document to acknowledge surrendering of your permanent resident status, or they'll order you to see an immigration judge to sort it out.
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Thanks for this. This is exactly the kind of info I need. I'm familiar (through reading) with pressure tactics like this, and now I'm prepared psychologically.
 
You said you've been out of the states for a number of years? Continuously? If so, you're unlikely to be an LPR anymore.
 
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cafeconleche said:
If so, you're unlikely to be an LPR anymore.
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That's true, but it was against my will (although not medical). I'm pretty sure if I can get across the border I have a strong chance of staying legally. With the tightened post 9/11 security, and I don't blame them one bit, things have become more difficult for many people. However, if 10 million people can do it illegally, there must be a way for me to do it legally. Jeez, I even missed my high school reunion.
 
If it was against your will and you had no control over it, you ought to apply for an SB-1 visa. If you decide to show up at the airport and lie to immigration, and they actually have records of your trips, you will be in BIG trouble. If you are not asked anything at the airport, you will be allowed in on the VWP, and then you won't be issued your new GC as Jackolantern said. Even if you ARE, what happens when you apply for citizenship? It's a can of works, dude.
 
Thanks 3

cafeconleche said:
It's a can of works, dude.
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You're right. It is a can of works. I'm planning on crossing by land at an Ontario border (not a Canadian citizen). I don't know about citizenship, but that was definitely my plan. I was planning on applying for a replacement GC, working and paying taxes for a number of years (without making any immigration waves), and then applying for citizenship. I think an attorney will go a long way in solving these problems, especially if I'm actively filing taxes.

Then main problem I see if getting across the border. I'm on a UK passport, so I should be able to get in on the VWP program. But as was said earlier, they probably have records on me as I lived in the states for 18 years (high school/university).

Still mulling this over, and thank you. Conversation is definitely helping me to work through this.

PS: I don't know if economic hardship in Asia is a good enough reason to claim not returning was against my will. But I did get into a string of awful jobs and simply could afford a flight home. Sounds implausible, I understand, but none-the-less true.
 
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ms756485 said:
Then main problem I see if getting across the border. I'm on a UK passport, so I should be able to get in on the VWP program. But as was said earlier, they probably have records on me as I lived in the states for 18 years (high school/university).
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Entry as a visitor is deemed to be abandonment of permanent residency.

PS: I don't know if economic hardship in Asia is a good enough reason to claim not returning was against my will. But I did get into a string of awful jobs and simply could afford a flight home. Sounds implausible, I understand, but none-the-less true.
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It's not a good enough reason.
 
Your chances of success in any of these scenarios is slim to none and slim already left town. You don't have too much to lose aside from some harassment and some minor $$ so give it a shot.

Good luck.

ms756485 said:
I'm not sure if this is the right place to post this, so please forgive if it's not.

I'm an LPR and have been for the last 20 years. I lost my wallet in Taiwan and have been out of the States for a number of years. I called the border patrol and it sounds like in the very least I will be able to enter the states as a visitor. I called an attorney about applying for a replacement Green Card, and he told me that the application to replace a green card doesn't inquire about time spent out of the country (I checked this and it's true). He also told me that I have to be on US soil to apply for the replacement.

My original plan was to show up at the border and claim LPR status, but I might have to change my plan and enter in as a visitor. Then immediately apply for a replacement card. Mine expired in May of this year. I was wondering if you could help me troubleshoot this plan. I was originally going to show up at the border and tell the immigration officer my story hoping for another visa besides visitor.

The only problem is that if I'm turned back I will have already packed up my stuff and given notice to my landlord here. So I'm hoping to get across the border either way. I'm fairly confident that if I can get across the border, then I'll be able to work everything out. The real question is should I tell the whole truth and nothing but the truth and hope for the best, or should I keep my mouth shut and handle things through an attorney when I get to the other side? (Please don't come back with "Honesty is the best policy young man..." - I'm not that young any more! :D.)

Thanks for your help in advance.
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Thanks 5

ananga73 said:
Your chances of success in any of these scenarios is slim to none and slim already left town. You don't have too much to lose aside from some harassment and some minor $$ so give it a shot.
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Thanks, that made me chuckle. Slim has seriously left town. My sentiments are the same. I might as well give it a go and see what happens.

I hate to be redundant, but if I'm in contact with immigration in an official way (consulate) before I enter the country, I will probably shoot myself in the foot. If I'm on American soil, I might have a leg to stand on (with the help of an attorney). That is what keeps rolling around my nearly empty head.
 
True, but the question is what is your tolerance for risk?

If say you are allowed in and ultimately allowed to see an immigration judge, lets say your chances are conservatively 5% of reclaiming permanent residency. Is that slim chance worth the wasted time [will take up to one year or so to get a final ruling], money, and stress?

It of course depends on how much permanent residency in the USA [and subsequently citizenship] means to you and other unknowns like your opportunity in your home country, your age, ties to the USA etc etc etc.

But yes you definitely stand a better chance by fighting it out from American soil.

Good luck.

ms756485 said:
Thanks, that made me chuckle. Slim has seriously left town. My sentiments are the same. I might as well give it a go and see what happens.

I hate to be redundant, but if I'm in contact with immigration in an official way (consulate) before I enter the country, I will probably shoot myself in the foot. If I'm on American soil, I might have a leg to stand on (with the help of an attorney). That is what keeps rolling around my nearly empty head.
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Thanks everyone

I'm going to the border tomorrow to see what happens. Thanks a lot everyone. Without you I couldn't have come to this decision. God bless.
 
If you somehow manage to reenter and successfully renew your green card, be very happy for that and don't get greedy and try for citizenship. The extra scrutiny of the citizenship process could uncover facts that result in your deportation.
 
Thanks 6

Jackolantern said:
If you somehow manage to reenter and successfully renew your green card, be very happy for that and don't get greedy and try for citizenship. The extra scrutiny of the citizenship process could uncover facts that result in your deportation.
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Good advice. I'm generally not a greedy person. I would be very happy with PR.
 
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