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Immigration Forum / USA Marriage Base / August 2005what do you think? would i get away with it?
Ok , just wondering what you think? I lived in US for 6 years had my greencard conditions lifted was supposed to go down to NYC to pick up my new 10 yr green card last year i got the letter, thing is i never got down there to get it, we moved to the UK, been here 7 months and want to go back, do you think if i was to go back on a visa waiver to get in then i was to get a new passport ( no stamps in it), then i was to go down to NYC and get my greencard, do you think i would get it? im ttrying to figure out a way to get it without having to start the whole process from scratch again. any thoughts or advice would be appreciated. thanks emma > Ok , just wondering what you think? > I lived in US for 6 years had my greencard conditions lifted was [quoted text clipped - 9 lines] > thanks > emma Hi: I would not do it that way. Do you still have your EXPIRED I-551? That is a valid boarding document. You could then clear up things at the POE -- worse that will happen is that you will be deferred in for removal proceedings and you get to see an immigration judge. Also, it is possible to get some type of travel documentation from the Embassy [either consulate or DHS office therein -- I don't know the exact procedures]. Lets put it this way, there are procedures in place for LPR's whose wallets/purses have been stolen.  SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi: > [quoted text clipped - 7 lines] > exact procedures]. Lets put it this way, there are procedures in > place for LPR's whose wallets/purses have been stolen. thank you for your reply. Yes i still have my expired green card, so i could use that to board in this country? then when i get there just see what happens at the POE? that would mean id been out the country for 12 months, so that could be a problem, well it would be just over 12 months. have sent letter to the consulate in London but as yet have not heard anything back from them. thanks again emma > thank you for your reply. Yes i still have my expired green card, so i > could use that to board in this country? then when i get there just [quoted text clipped - 3 lines] > not heard anything back from them. thanks again > emma Hi: You posted that you had been "here" abroad for 7 months. That is less than a year. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Hi: > > You posted that you had been "here" abroad for 7 months. That is less > than a year. Think he is planning to sell up before he heads back. Would be wiser to spend the money and head back tomorrow and get in and sorted out before 12 months and then go back to the UK to settle up issues there. SignatureI'm not an attorney. This disclaimer is valid in NYS! > thank you for your reply. Yes i still have my expired green card, so i > could use that to board in this country? then when i get there just [quoted text clipped - 3 lines] > not heard anything back from them. thanks again > emma Well if it isn't more than 12 months you can return w/Expired GC. I guess if it is more than 12 months that you will need re-entry permit(and I believe that you have to get that b4 leaving US, more details http://www.usembassy.org.uk/cons_new/visa/iv/returningres.html). If its not 12 months & for peace of mind you want "Transportation letter" the fee is $165(http://www.usembassy.org.uk/dhs/cbp/expired_stamps.html) Good Luck > Well if it isn't more than 12 months you can return w/Expired GC. I > guess if it is more than 12 months that you will need re-entry [quoted text clipped - 6 lines] > > Good Luck thank you so much for all the feedback. So i dont enter on visa waiver, either my expired green card or a transportation letter. i looked on the info about a transportation letter and it says its available if you have an expired I551 stamp in your passport, doesnt say anything about the expired temp green card, do you think i would still get it...if i go back within the year? trhank you again. > thank you so much for all the feedback. So i dont enter on visa > waiver, either my expired green card or a transportation letter. > i looked on the info about a transportation letter and it says its > available if you have an expired I551 stamp in your passport, doesnt > say anything about the expired temp green card, do you think i would > still get it...if i go back within the year? trhank you again. Hi Scotty, Please explain what you mean by "temp green card". The green card you probably have which is expired, is the 2-year one, which is not a temp green card. Thanks, Rene > thank you so much for all the feedback. So i dont enter on visa > waiver, either my expired green card or a transportation letter. > i looked on the info about a transportation letter and it says its > available if you have an expired I551 stamp in your passport, doesnt > say anything about the expired temp green card, do you think i would > still get it...if i go back within the year? trhank you again. There's no such thing as a temp green card. Perhaps you mean conditional green card, which is not temporary. BTW, a CGC is a GC whether there are conditions or not... they are equal in force and effect. Ian > There's no such thing as a temp green card. Perhaps you mean > conditional green card, which is not temporary. BTW, a CGC is a > GC whether there are conditions or not... they are equal in force > and effect. > > Ian Also the GC and the I-551 stamp are the same thing. SignatureI'm not an attorney. This disclaimer is valid in NYS! > Also the GC and the I-551 stamp are the same thing. sorry yes i mean the 2 year green card, it expired last year. so it was expired when i left the usa. so as i understand it , if i go before a year i should have no problem getting the transportation permit to go back? then when i get back i just make an appointment to go to the uscis in NYC and get my new green card? I thought i was going to have to file all over again for my green card! thank goodness if thats not the case! > sorry yes i mean the 2 year green card, it expired last year. so it > was expired when i left the usa. so as i understand it , if i go [quoted text clipped - 3 lines] > I thought i was going to have to file all over again for my green > card! thank goodness if thats not the case! I don't think there is a "transportation permit" to go back. You simply present your expired green card upon entry to the USA, and let the POE deal with it. But if I were you, I'd do that ASAP, so that you don't end up mistakenly abandoning your PR status. Rene > I don't think there is a "transportation permit" to go back. You > simply present your expired green card upon entry to the USA, and let > the POE deal with it. But if I were you, I'd do that ASAP, so that > you don't end up mistakenly abandoning your PR status. > > Rene confused now! it says you can get a transportation letter if you have been out of the states less than 12 months then i have to make appointment then go to london and get this letter, have to show evidence i have been out of the states less than a year, ie airline tickets, which i can get a copy of. dont know if i should do that or just go with expired GC and see what happens at POE in NY. it wont be for a few months anyway till im able to get over there but it will still be under a year that i will have been out of the country. > confused now! it says you can get a transportation letter if you have > been out of the states less than 12 months then i have to make [quoted text clipped - 4 lines] > for a few months anyway till im able to get over there but it will > still be under a year that i will have been out of the country. If you want call the embassy & check with the Airlines also. As few airlines might don't let you board w/expired GC. They might not be aware of the fact & even if they are aware of that, they might give you hard time(as the penalty for transporting illegal alien is @$5000 to the Air Lines). I guess this won't happen as you hold the PP of VW country. Just make sure that you don't pass that 12 molnth limit. >>sorry yes i mean the 2 year green card, it expired last year. so it >>was expired when i left the usa. so as i understand it , if i go [quoted text clipped - 10 lines] > > Rene A "boarding letter", also called a "transportation letter", also called a "bag and baggage letter", can be issued by a consular post for a returning lawful permanent resident (or other arriving alien, actually) to permit that person to board the carrier, which would otherwise refuse to issue a ticket without proper proof of entry documentation. This is one form of remedy issued to someone who has had a GC stolen or lost while abroad and therefore don't have proper entry documentation. Another common use of the letter is for an LPR who gives birth abroad, to permit the newborn LPR child (who otherwise has no entry documentation and may not even have a passport) to board the carrier and return. SignatureAbove intended as general commentary, not specific legal advice. Your mileage may vary. =============================================================== Jonathan McNeil Wong Voice: 510-451-0544 Donahue Gallagher Woods LLP Facsimile: 510-832-1486 P.O. Box 12979 URL: http://www.donahue.com Oakland, CA 94604-2979 E-mail: jonathan@donahue.com =============================================================== > There's no such thing as a temp green card. Perhaps you mean > conditional green card, which is not temporary. BTW, a CGC is a > GC whether there are conditions or not... they are equal in force > and effect. > > Ian Ian, Yes, there is such a thing as a temporary green card. Indeed, all green cards are temporary. They all have a limited life, they all expire - the conditional ones in two years, the others in ten years. Improper use of adjectives can create so much confusion! Regards, JEff SignatureOf course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry) > Ian, > [quoted text clipped - 5 lines] > > Regards, JEff I agree. People often equate conditional green card with temporary permanent resident... so, while the green card may expire, the status doesn't. My bad... I should have been more precise! :) Ian > I agree. People often equate conditional green card with temporary > permanent resident... so, while the green card may expire, the status > doesn't. My bad... I should have been more precise! :) > > Ian Ian: Going to be pedantic again -- STATUS Lawful Permanent Residence, which may, or may not be subject to the "condition." Even when subject to the condition, it is still "permanent." Temporary Resident -- a status given to approved 245A "legalization" applicants under the 1986 legislation and later allowing application to "permanent residence." Pretty much obsolete except for some very weird cases. EVIDENCE of LPR status -- Form I-551 -- these have an expiry date as you note. "Re-entry Permits" -- a passport like book -- good for 2 years. Temporary stamp in valid foreign passport or on an I-94 with picture & fingerprint -- varying validity -- usually one year. SignatureCertified Specialist Immigration & Nat. Law Cal. Bar Board of Legal Specialization > Ian: > [quoted text clipped - 19 lines] > Temporary stamp in valid foreign passport or on an I-94 with picture & > fingerprint -- varying validity -- usually one year. Ah geez... well, this just isn't my day... I'm going home now! :) Ian > Ah geez... well, this just isn't my day... I'm going home now! :) > > Ian still confused! so this transportation letter, is that for the benefit to show at this end, or at the POE in the atates when i get there instead of my expired GC? I Would recommend you to enter with your expired green card rather than going with a visa waiver. > Ok , just wondering what you think? > I lived in US for 6 years had my greencard conditions lifted was [quoted text clipped - 8 lines] > thanks > emma |
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