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If at a port of entry a CBP Officer issues a removal proceeding in Immigration Court to make a determination that a person has abandoned his LPR status, is the person detained before the immigration hearing or can he enter the country and show up to the hearing at a later date?
I had a friend in a similar situation, he immigrated to the USA for a job,acquired a green card in the process and lived in the US for several years before returning to Canada, a few years after his return he wanted to return to the USA but he discovered if you are a green card holder and you abandon your residence in the USA for more than 6 months your green card becomes void and you have to repeat the immigration process all over. Also that green card is considered American property and even though it is expired you will be asked to surrender it.
I had a friend in a similar situation, he immigrated to the USA for a job,acquired a green card in the process and lived in the US for several years before returning to Canada, a few years after his return he wanted to return to the USA but he discovered if you are a green card holder and you abandon your residence in the USA for more than 6 months your green card becomes void and you have to repeat the immigration process all over. Also that green card is considered American property and even though it is expired you will be asked to surrender it.
Good info. looks like one year out of country is the magic number for being considered as abandoning your permanent residence status in the US, i presume our ops friend will have to go through the process of re emigrating if he was gone more than a year..
If at a port of entry a CBP Officer issues a removal proceeding in Immigration Court to make a determination that a person has abandoned his LPR status, is the person detained before the immigration hearing or can he enter the country and show up to the hearing at a later date?
The card is lifted at the Port of Entry, a Notice to Appear is issued to the GC holder and the alien is paroled into the US. The NTA will have the date and time to be determined. A follow on letter will be mailed with the date to appear before an immigration judge. If the GC holder does not appear, the GC holder is ordered removed in absentia and a warrant could be issued. If the GC holder does appear, representation should be retained. The case develops from that point and it could go either way.
It is better to file an I-407 Abandonment of Residency nd voluntarily give up the card. Usually if you want to move back you ask for a hearing before a Immigration judge, state your case and more often than not, the green card is restored.. The US would rather do that to people who abide by the law rather than trying to cheat it. On thing is that if some has a resident card in Canada and the US and either country finds out, you will be told to choose one or the other. Can't have both. Canada is pretty militant about that as far as I am told.
Thanks. Yes, 6 months seems to be the safe generic rule. Up to one year, they interrogate you. More than a year, there are several possibilities. They can:
1) Admit you
2) Conduct a second inspection with a barrage of questions and then make a determination
3) Ask that you surrender the green card by signing a paper of relinquishment and then admit you as a tourist
4) Provide you the opportunity to take back your request to enter the country and allow you to return home
5) OR ISSUE A REMOVAL PROCEEDING TO AN IMMIGRATION COURT TO MAKE A DETERMINATION THAT THE PERSON HAS ABANDONED HIS/HER LPR STATUS. A CPB Officer cannot revoke a green card or LPR status...only an immigration judge. This is where I had the question. Thanks to I-310 for your response. I wasn't sure if they detain the person at the airport and then the person has to wait for the hearing being detained.
In addition, I believe airlines are starting to prevent people who have been out of the USA for more than a year from boarding the flight without a SB-1 visa. I am unsure if all airlines do this.
At the immigration removal hearing, the person must convince the judge that he had an initial intent of a temporary visit, but for some unforeseen reason, he had to remain out of the country but always had the intent to return to the USA. Strong ties such as assets, bank accounts, credit cards, filing taxes, belongings, rental property etc illustrate ties to the USA. In addition, proof of that unforeseen circumstances such as medical records is needed. I just wasn't sure if the person would be detained until the hearing took place. Also, I am wondering if a letter from a doctor is sufficient or does the person need the complete medical records. I assume the complete medical records would be logically needed.
One other question on my mind is if certain ports of entry are easier than others. For example San Francisco as opposed to Washington DC. I assume crossing the border from Windsor, Ontario to Detroit, Michigan might raise more questions for a person who is returning to LA than flying directly to California.
... Also, I am wondering if a letter from a doctor is sufficient or does the person need the complete medical records. I assume the complete medical records would be logically needed.
... One other question on my mind is if certain ports of entry are easier than others. For example San Francisco as opposed to Washington DC. I assume crossing the border from Windsor, Ontario to Detroit, Michigan might raise more questions for a person who is returning to LA than flying directly to California.
A four year absence is not an immigration issue which can possibly be sorted out on a forum over the internet. As much as I've opined many times on this forum that an immigration lawyer isn't necessary to handle the process of basic immigration paperwork, this isn't one of those cases. To all intents and purposes this person has lost the right and privilege of his resident alien status, period. He needs to retain the services of a good immigration lawyer.
Can you please give a source for your statement that airlines are enforcing SB-1 and which ones do? Thank you.
There is no variance in US immigration law between SF and DC.
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