What happen if GC got confiscated?

[supernoobie]

Hi, my father got his USA GC for almost 5 yrs.
He is doing a lot of traveling recently, back and forward between CHINA and USA.

OK, my question is that if he stay in China for a long time and because of that his GC got confiscated.

Can I as his son (I'm a USA Citizen) be able to apply him to United States after his GC got confiscated?

Can I get my father into USA again? Or will he be rejected because of his previous GC confiscation?

-------------------------------------
I would greatly appreciate your advices on my father's situation.
Thanks in advance.

 

[WBH]

I think one can reapply for a green card even if he has abandoned his PR before.

But you should let your father apply for re-entry permit.


I see a lot of parents do this kinf of stuff and some even came back after 2 or 3 years of absense without re-entry permit. They lived retired life
so they pretty much have an attitude that they don't care a lot if their GC
are confiscated or not. They just treat their GC as long term tourist visa
and use it if it is not confiscated and do not use it if it is confiscated.

I am not sure if border control also have a loose attitude toward them
because they have a loose attitude themselves

 

[supernoobie]

first of all, thanks for ur advice.

About the re-entry permit, the main problem is that my father is currently in China! He is already been there for almost 7 months by now.

Is there any other way to avoid confiscation other than the re-entry permit? I believe my father NEED to be inside of USA in order to get & apply for his re-entry permit...


Pls help. Thanks again

 

[WBH]

Is there any other way to avoid confiscation other than the re-entry permit? I believe my father NEED to be inside of USA in order to get his re-entry permit...

If a PR stay outside USA for more than 1 year, there is no way to prevent
confiscation, you just hope CBP do not do that and as I see they usually do not do that at least to old people.

But you better tell your father to come back to get re-entry permit. If
he does not care, then that is his problem and you have to accept your father's choice. As long as decision is an informed decision, then there is
no regret about it.

 

[supernoobie]

ok last question. what happen if my father's gc got confiscated? will he be deported immediately? If not, can my father still like fill a dispute for that?

 

[WBH]

ok last question. what happen if my father's gc got confiscated? will he be deported immediately? If not, can my father still like fill a dispute for that?

This I don't know. He may be just placed on a plane back to China right away if he gets his GC confiscated at entry.

 

[Triple Citizen]

No. The green card holder in such an instance would be given a court date to appear infront of an immigration judge and pleade his/her case.

He may be just placed on a plane back to China right away if he gets his GC confiscated at entry.

 

[WBH]

No. The green card holder in such an instance would be given a court date to appear infront of an immigration judge and pleade his/her case.

Maybe that is why many do this (staying outside very long and come back) without problem. Maybe USCIS is really tired of bothering with each individual doing such things

 

[Al Southner]

ok last question. what happen if my father's gc got confiscated? will he be deported immediately? If not, can my father still like fill a dispute for that?

Unless your father is involved in some illegal activity against the US govt, then there is no reason for CBP to confiscate his greencard. However, prolonged absence from the US can force CBP/USCIS to question whether is a permanent resident in the US. The operative word, permanent. He is entitled to travel back and forth to any place in the world, except Cuba but need to retain ties to the US.

If his greencard is revoked, it is illegal for CBP to send him back to China without due process of the law. The law requires that he appear before an immigration judge, USCIS to make its case through the Dept of Justice. He will be given the opportunity to mount his defense, and the judge makes a ruling. Anyone who is send back to their country of origin without due process can file a case in the federal courts, which will hear the motion and rule in their favor, which in turn will cause USCIS/DOJ $$$ to have the defendant (your father) to come back to the US to present his case before an immigration judge...

 

[Jackolantern]

No. The green card holder in such an instance would be given a court date to appear infront of an immigration judge and pleade his/her case.

Actually, being refused entry and sent back on a plane is a likely scenario if the person has been outside the US for more than 12 consecutive months. Because after a one year absence, the green card is no longer a valid entry document by itself; an SB-1 visa or reentry permit would be required.

Being let in and then sent to an immigration judge later is more applicable to those who have been outside less than a year but have other subjective indicators of abandonment, like multiple long trips or long-term foreign employment.

 

[supernoobie]

Thanks all for your advice.
Helps a lot.

Thanks again and have a wonderful day to all of you

 

[WBH]

Actually, being refused entry and sent back on a plane is a likely scenario if the person has been outside the US for more than 12 consecutive months.
.

I believe so. Because there are a lot of people out there who simply gave up GC by leaving the USA and do not come back, it is hard to imagine if suddenly these people want to coem back and everyone is entitled to
a court hearing. America does not have that kind of resources.

 

[Jackolantern]

If his greencard is revoked, it is illegal for CBP to send him back to China without due process of the law. The law requires that he appear before an immigration judge, USCIS to make its case through the Dept of Justice.

That is only if they want to revoke the card after he is admitted into the country. But if his documents are not in good order (no green card, green card expired, stayed out of the country more than 1 year with no reentry permit or SB-1 visa), or he has committed an offense that makes him inadmissible, they can refuse entry without any court proceedings.

 

[Al Southner]

That is only if they want to revoke the card after he is admitted into the country. But if his documents are not in good order (no green card, green card expired, stayed out of the country more than 1 year with no reentry permit or SB-1 visa), or he has committed an offense that makes him inadmissible, they can refuse entry without any court proceedings.

Jack,

I concur with your assessment on what can happen to him. I was merely focusing on his father returning under a year, with his GC in order and the only pressing issue in the eyes of a over-zealous CBP is prolonged absence from Uncle Sam. If I were his father I would be careful, US and China has had issues for some time, and FBI recently released a report on the threats posed by Chinese govt to cyberspace, so I am just saying...people need to be careful how they present themselve....