Very Interesting Case!!!

Jojojolie said:
Al Southner:

Whether it's me or somebody else, I don't think that is your "business". That's why this place is called a forum.
And, for your info, I am right here in the US.
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I know you are right here in the good ol US of A!I Remember when we was going through it when we were waiting for our ss cards.

Anyway with regards to your friends situation,it seems that the general view of the posters that have replied is he will not be admitted into the US.I too am leaning on their side.But I must say,I have seen stranger things happen.How about that guy who was issued a gc in error before his namecheck came back,and he travelled many times outside the US.How come he wasn't alerted to this fact at the poe when they swiped his gc:confused:???...On another note I think it is an honor and a priviledge to be granted permanent residence in the US,and I have no sympathy for those who abandon it.
 
pville85 said:
I know you are right here in the good ol US of A!I Remember when we was going through it when we were waiting for our ss cards.

Anyway with regards to your friends situation,it seems that the general view of the posters that have replied is he will not be admitted into the US.I too am leaning on their side.But I must say,I have seen stranger things happen.How about that guy who was issued a gc in error before his namecheck came back,and he travelled many times outside the US.How come he wasn't alerted to this fact at the poe when they swiped his gc:confused:???...On another note I think it is an honor and a priviledge to be granted permanent residence in the US,and I have no sympathy for those who abandon it.
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I also have no sympathy for those who abandon their permanent status and the worse thing is they always want to come back.
When I think about all the people who would love to have a GC, this is an insult to them.
Anyways, sometimes people make mistake.
 
I'm not sure I agree with "he has nothing to lose, everything to win" by trying to enter the country as a permanent resident after he is considered to have abandoned residency. What he has to lose is that if in the process he makes fraudulent claims, it can result in a permanent bar to entry. However, if he were to try to find a legal path to entry, even though this could take years, he may be able to come back at some point.

I agree there's a good chance he can get away with concealing the fact he abandoned residency, just like there's a good chance one can get very drunk, drive home at 100 mph and not be caught or kill someone in the process. However, the punishment for either action are so severe that it's not rational to try.

If anything, what he might try to do is show up with his GC as if he didn't know any better, and if they ask him how long he's been gone, answer truthfully. If he's turned back, at least he's not in trouble for lying that could result in a permanent bar (at least I don't think he is, but someone correct me). I would almost say that it would be best for him to volunteer the information that he's been gone for 12 years and see what happens, then at least he can never be considered to have been trying to commit fraud, only that he doesn't know any better.
 
What was the basis that he first received his GC for? Would the person or business petition for him again? If he only wants to come here temporarily, and can now show strong ties to Haiti, he may be able to get a nonimmigrant visa.
 
Jojojolie said:
I also have no sympathy for those who abandon their permanent status and the worse thing is they always want to come back.
When I think about all the people who would love to have a GC, this is an insult to them.
Anyways, sometimes people make mistake.
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Its not that I have NO SYMPATHY for people who do not take good care of their GC but its that sometimes I do not understand it. How can you go through all this process, only to want to leave so badly when you get it?

As for those who say they want to help their families back home, most of the time the countries they come from have less opportunities than the US has, so why not stay here and if necessary send some money back home?

Anyway JOJOJOLIE, I will not give tips to your friend on how to come here against the rules, but all I can say is that unless he has another sure route to get back to the US, trying what he wants to do won't put him in a worse situation: either he stays in Haiti and never comes here, or he tries to get in and gets stuck and also never gets to come again. And who knows maybe he will slip through. I must say I doubt it.

But that's a risk he is going to have to weigh in fully.
 
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austriacus said:
I'm not sure I agree with "he has nothing to lose, everything to win" by trying to enter the country as a permanent resident after he is considered to have abandoned residency. What he has to lose is that if in the process he makes fraudulent claims, it can result in a permanent bar to entry. However, if he were to try to find a legal path to entry, even though this could take years, he may be able to come back at some point.

I agree there's a good chance he can get away with concealing the fact he abandoned residency, just like there's a good chance one can get very drunk, drive home at 100 mph and not be caught or kill someone in the process. However, the punishment for either action are so severe that it's not rational to try.

If anything, what he might try to do is show up with his GC as if he didn't know any better, and if they ask him how long he's been gone, answer truthfully. If he's turned back, at least he's not in trouble for lying that could result in a permanent bar (at least I don't think he is, but someone correct me). I would almost say that it would be best for him to volunteer the information that he's been gone for 12 years and see what happens, then at least he can never be considered to have been trying to commit fraud, only that he doesn't know any better.
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What I mean by "nothing to loose, everything to win" is that life is Hell in Haiti.
Let's say they send him back, since he's been living there for the past twelve years, he will just go back and go about his business; and if he's lucky, the IO lets it slide, he will be able to fix his papers once in the US.
 
Jojojolie said:
What I mean by "nothing to loose, everything to win" is that life is Hell in Haiti.
Let's say they send him back, since he's been living there for the past twelve years, he will just go back and go about his business; and if he's lucky, the IO lets it slide, he will be able to fix his papers once in the US.
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In bold was what I was referring to above when saying people sometimes abandon their GC to go back to some countries in NOT GOOD SHAPE, but did not dare say it because I did not want to offend anyone.

But doesn't Haiti have something like Cubans that says that once they are on US soil they can become refugees, and cannot be deported?

Note: Is the point at the airport before you pass customs considered US SOIL though?
 
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People might have personal reasons to go back to their countries.
They migth have families that they need their presence. Don't
judge anyone for the choices they make unless they commit a crime.
After having gotten the GC, things might change. Another example
I heard that people get GC when they are young when they family
immigrate and the family decide to return so they return with them.
Later when they get older they want to go back etc. There
would be many reasons for one to abandon and come back.
 
Jojojolie

Someone post that Jojojolie is posting story that is not true.
Jojojolie let us know when your friend is coming.
You said it s next week so there is only couple of days left and then we will know what happen.
 
djamel said:
Someone post that Jojojolie is posting story that is not true.
Jojojolie let us know when your friend is coming.
You said it s next week so there is only couple of days left and then we will know what happen.
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I won't say the exact day (I don't know if FBI is monitoring that web site )but for sure it is this week. I will make sure that I let everybody know. Trust me on that.
 
Jojojolie said:
I won't say the exact day (I don't know if FBI is monitoring that web site )but for sure it is this week. I will make sure that I let everybody know. Trust me on that.
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J,

Call me when you get to the airport... especially if they indicate that they are going to deport you.... I will love to send you a basket of fruits and turkey for Thanksgiving Dinner....

I can't wait to hear how your friend deals with the CBP...:) Even if the FBI was monitoring this site, it will be interesting to note and see how many Haitians fly into the US each day.... :(
 
Jojojolie said:
What I mean by "nothing to loose, everything to win" is that life is Hell in Haiti.
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Well is can't be all that bad in Haiti, or your buddy wouldn't have stayed there 12 years! :rolleyes:

Anyway, I guess we'll probably never know the true outcome of this case, if indeed it is a real situation at all.
 
What an interesting story, now I am curious! I'll certainly be back here to find out if he made it.

My bet is that he makes it!

I overstayed my tourist visa when I was a kid in the 80s, then I left the US in 1992. My tourist visa did not have an expiration date (nowadays they do) so I used it again to enter the US in 1996 when I was 19 and at the POE, the guy didn't even mind that I overstayed before. He just let me in! Sometimes you get really strict people, sometimes you don't, it's all about luck.

It's just like at the DMV, I couldn't get a license for a while, so I just kept trying at different DMVs and I finally got a lady who was nice and issued me one.
 
story...

The parents of one of my mother's co-woker have those GC with no expiration date...talking one day to my mom I found out they've been outside the US for ...I don't remember exactly how long, but I'm sure it was more than 2 yrs and that they didn't have any kind of re-entry permit. I told her on the spot they had abandoned their PR status and won't be allow back...to my surprise they arrived a couple of weeks later in Liberty Newark International Airport, NJ without any problems, in fact I'm now helping that lady renew her parents' GCs, since the USCIS requires those with no exp date GCs to do so. This happend between 6-9 months ago.
 
Bella Blues said:
so I used it again to enter the US in 1996 when I was 19 and at the POE, the guy didn't even mind that I overstayed before. He just let me in! Sometimes you get really strict people, sometimes you don't, it's all about luck.
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It's got nothing to do with luck; it has everything to do with the law at the time. Prior to January 1997, overstays didn't automatically cancel visas, now they do. Your example has as much to do with current reality as me saying that folks back in the 1930s didn't need a Green Card to settle in the US.

in fact I'm now helping that lady renew her parents' GCs, since the USCIS requires those with no exp date GCs to do so. This happened between 6-9 months ago.
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No one suggests that their abandonment will get detected at the first opportunity. But at some point (whether it be the I-90 or N-400) these things have a way of coming out.
 
TheRealCanadian said:
It's got nothing to do with luck; it has everything to do with the law at the time. Prior to January 1997, overstays didn't automatically cancel visas, now they do. Your example has as much to do with current reality as me saying that folks back in the 1930s didn't need a Green Card to settle in the US.
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This is the law regarding that: Nonimmigrant visa stamps in a foreign national's passport will now be considered to
be void as soon as a nonimmigrant remains in the U.S. beyond the period of
authorized stay *, plus any grace period. Aliens are precluded from seeking a new
visa at any post other than in their country of nationality, except for extraordinary
circumstances ** as described below. This new provision became effective September
30, 1996.

It was 1996, not 1997. But that wasn't even what I'm implying, back then, I wasn't even thinking that my visa would be cancelled. I was more afraid that I would not be given permission to enter because I overstayed (I even went to grade school for 3 years) during my previous visit. That was the worry of my whole family, that I might have to be denied entry. My dad said, just try, whatever happens happens. So I used the same visa to re-enter and I was still allowed to enter the US.
 
Bella Blues said:
This is the law regarding that: Nonimmigrant visa stamps in a foreign national's passport will now be considered to
be void as soon as a nonimmigrant remains in the U.S. beyond the period of
authorized stay *, plus any grace period. Aliens are precluded from seeking a new
visa at any post other than in their country of nationality, except for extraordinary
circumstances ** as described below. This new provision became effective September
30, 1996.

It was 1996, not 1997. But that wasn't even what I'm implying, back then, I wasn't even thinking that my visa would be cancelled. I was more afraid that I would not be given permission to enter because I overstayed (I even went to grade school for 3 years) during my previous visit. That was the worry of my whole family, that I might have to be denied entry. My dad said, just try, whatever happens happens. So I used the same visa to re-enter and I was still allowed to enter the US.
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Bellablues,

Everything is possible with Immigration, sometimes, what you least expect is what happens. So, let's wait and see...
I will keep you posted.
 
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