Missy

Here's the story:

My dad got his green card years ago, and sponsored my brother, who moved to
the US (From Canada)

My brother never bothered to look into what he had to do in order to keep
said green card once he had it

My brother would stay in the US for anywhere from 2-20 months, come back to
Canada for a similar amount of time, then go back to the US

My brother never worked in the US

Last April, his card was up for renewal, he went to the office, where they
promptly took it back, saying he shouldn't have had one in the first place,
he isn't supposed to be going to and fro (US to Canada) either, and he is
unemployed

A week ago, he came here for a visit, and when he showed up at the airport
to go back to the US, they wouldn't let him in, saying his history shows his
propensity to stay in the US for more than 6 months, when he is not allowed
to, and he had no return ticket to Canada to prove he was going to come back
(to Canada). He's pissed off (it's his own fault, I know), and now says he
can probably get this all cleared up by going to an immigration judge.

What are the chances they'll let him back into the US? I told him to give
it up, stay here, where he's from, and where he can actually work, but he
seems to think the US immigration judge will let him go back.

So, my questions:

What are the chances they'll let him back in? What are the chances he'll
even get a green card ever again?

Thank you!

Suiram

%

Supernav

    >saying he shouldn't have had one in the first place



That's the problem. Right now he's being treated (and was treated
accurately) as a canadian citizen tourist. Which is why he needed a
return flight.



You need to find a lawyer and find out exactly why he wasn't suposed to
get a gC in the first place (maybe cuz his dad wasn't a usc?).



-= nav =-

Missy

"supernav" <member16283@british_expats.com> wrote in message
news:...
    > >saying he shouldn't have had one in the first place
    > That's the problem. Right now he's being treated (and was treated
    > accurately) as a canadian citizen tourist. Which is why he needed a
    > return flight.
    > You need to find a lawyer and find out exactly why he wasn't suposed to
    > get a gC in the first place (maybe cuz his dad wasn't a usc?).
    > -= nav =-

Thanks, nav, that's exactly it, my dad wasn't a US citizen (still isn't).
My brother and father seem to think that there is no problem, just a
'misunderstanding'. Uh huh. The other thing was my brother let the green
card he had *expire*. Saying he didn't know he had to have it renewed
before it expired, and didn't know he couldn't go to and fro out of the
country, therefore it isn't his fault. I told him his ignorance is not
immigration's problem.

So from what I can surmise, I don't think anything is getting him back into
the US, right?

Konstantin

Sorry to hear about your brother's story. But it's a good thing to read for
people in this newsgroup. While some people can pull off stuff like that,
it's getting harder and harder to do, especially after 9/11.

And you are right - ignorance isn't the right type of a defense in this
case. To be honest, I don't think there is any defense in this case. Sorry
to tell you that.

K

"Missy" <> wrote in message
news:jkPzb.12826$...
    > Here's the story:
    > My dad got his green card years ago, and sponsored my brother, who moved
to
    > the US (From Canada)
    > My brother never bothered to look into what he had to do in order to keep
    > said green card once he had it
    > My brother would stay in the US for anywhere from 2-20 months, come back
to
    > Canada for a similar amount of time, then go back to the US
    > My brother never worked in the US
    > Last April, his card was up for renewal, he went to the office, where they
    > promptly took it back, saying he shouldn't have had one in the first
place,
    > he isn't supposed to be going to and fro (US to Canada) either, and he is
    > unemployed
    > A week ago, he came here for a visit, and when he showed up at the airport
    > to go back to the US, they wouldn't let him in, saying his history shows
his
    > propensity to stay in the US for more than 6 months, when he is not
allowed
    > to, and he had no return ticket to Canada to prove he was going to come
back
    > (to Canada). He's pissed off (it's his own fault, I know), and now says
he
    > can probably get this all cleared up by going to an immigration judge.
    > What are the chances they'll let him back into the US? I told him to give
    > it up, stay here, where he's from, and where he can actually work, but he
    > seems to think the US immigration judge will let him go back.
    > So, my questions:
    > What are the chances they'll let him back in? What are the chances he'll
    > even get a green card ever again?
    > Thank you!

Konstantin

He lost his card because of his lengthy absences from the US. You have to
have a Re-entry permit if you leave the US for longer than a year and even
then you better have some sort of addtional prove that you didn't abandon
your residence in the US (paid house bills, bank statements, credit card
statements, etc).

K

"supernav" <member16283@british_expats.com> wrote in message
news:...
    > >saying he shouldn't have had one in the first place
    > That's the problem. Right now he's being treated (and was treated
    > accurately) as a canadian citizen tourist. Which is why he needed a
    > return flight.
    > You need to find a lawyer and find out exactly why he wasn't suposed to
    > get a gC in the first place (maybe cuz his dad wasn't a usc?).
    > -= nav =-
    > --
    > Posted via http://britishexpats.com

Missy

Hi again,

My brother tells me now that both he and my father won their green cards in
a lottery. Since my brother has:

a) lived outside of the US for periods longer than one year and
b) let his card expire

is there any point in him trying to go before an immigration judge? I keep
telling him to drop it and move on, consider it a hard lesson learned, but
he and my father seem to think there is some loophole he can get through.
He thinks that a judge will look at his case and say "Aw, hell, you're a
nice guy, sure, here's your card back" It's a lost cause, right? No way in
hell will he be granted a new card, right?

Thanks again

"Missy" <> wrote in message
news:jkPzb.12826$...
    > Here's the story:
    > My dad got his green card years ago, and sponsored my brother, who moved
to
    > the US (From Canada)
    > My brother never bothered to look into what he had to do in order to keep
    > said green card once he had it
    > My brother would stay in the US for anywhere from 2-20 months, come back
to
    > Canada for a similar amount of time, then go back to the US
    > My brother never worked in the US
    > Last April, his card was up for renewal, he went to the office, where they
    > promptly took it back, saying he shouldn't have had one in the first
place,
    > he isn't supposed to be going to and fro (US to Canada) either, and he is
    > unemployed
    > A week ago, he came here for a visit, and when he showed up at the airport
    > to go back to the US, they wouldn't let him in, saying his history shows
his
    > propensity to stay in the US for more than 6 months, when he is not
allowed
    > to, and he had no return ticket to Canada to prove he was going to come
back
    > (to Canada). He's pissed off (it's his own fault, I know), and now says
he
    > can probably get this all cleared up by going to an immigration judge.
    > What are the chances they'll let him back into the US? I told him to give
    > it up, stay here, where he's from, and where he can actually work, but he
    > seems to think the US immigration judge will let him go back.
    > So, my questions:
    > What are the chances they'll let him back in? What are the chances he'll
    > even get a green card ever again?
    > Thank you!

Observer

On what ground that the immigration judge would rule to your brother favor?
Being nice guy doesn't cut with any judge.

Do they have documentation evidence such as IRS tax filing, lease agreement,
bank account statement, credit card statement, employment record, driver
license, automobile registration, etc. to show to the judge about their
present during those years in US?

Just because they obtained their green card and left US years ago without
established their residence here is hard even for the most sympathetic
immigration judge to give your brother and father their green card back.

You are right about a lost cause in this case.

"Missy" <> wrote in message
news:CEIBb.2402$...
    > Hi again,
    > My brother tells me now that both he and my father won their green cards
in
    > a lottery. Since my brother has:
    > a) lived outside of the US for periods longer than one year and
    > b) let his card expire
    > is there any point in him trying to go before an immigration judge? I
keep
    > telling him to drop it and move on, consider it a hard lesson learned, but
    > he and my father seem to think there is some loophole he can get through.
    > He thinks that a judge will look at his case and say "Aw, hell, you're a
    > nice guy, sure, here's your card back" It's a lost cause, right? No way
in
    > hell will he be granted a new card, right?
    > Thanks again
    > "Missy" <> wrote in message
    > news:jkPzb.12826$...
    > > Here's the story:
    > >
    > > My dad got his green card years ago, and sponsored my brother, who moved
    > to
    > > the US (From Canada)
    > >
    > > My brother never bothered to look into what he had to do in order to
keep
    > > said green card once he had it
    > >
    > > My brother would stay in the US for anywhere from 2-20 months, come back
    > to
    > > Canada for a similar amount of time, then go back to the US
    > >
    > > My brother never worked in the US
    > >
    > > Last April, his card was up for renewal, he went to the office, where
they
    > > promptly took it back, saying he shouldn't have had one in the first
    > place,
    > > he isn't supposed to be going to and fro (US to Canada) either, and he
is
    > > unemployed
    > >
    > > A week ago, he came here for a visit, and when he showed up at the
airport
    > > to go back to the US, they wouldn't let him in, saying his history shows
    > his
    > > propensity to stay in the US for more than 6 months, when he is not
    > allowed
    > > to, and he had no return ticket to Canada to prove he was going to come
    > back
    > > (to Canada). He's pissed off (it's his own fault, I know), and now says
    > he
    > > can probably get this all cleared up by going to an immigration judge.
    > >
    > > What are the chances they'll let him back into the US? I told him to
give
    > > it up, stay here, where he's from, and where he can actually work, but
he
    > > seems to think the US immigration judge will let him go back.
    > >
    > > So, my questions:
    > >
    > > What are the chances they'll let him back in? What are the chances
he'll
    > > even get a green card ever again?
    > >
    > > Thank you!
    > >
    > >

Hector

For your brother to re enter into the states, he will have to show prrof of
residence in Canada.
Paycheck statements, rent reciepts. car payments, anything to prove he has
something to return for.
There is no problem for your Father to apply to sponsor him again!

I just had a similar experience!

I applied for an I90 to update my GC and was given a 1 year temporary Stamp!
The application was just denied as they had no service records from July
1991.
This is true since I had been out of the country for so long, I am now out
of status since Sept.

I am currently applying for a k3 visa as I just got married here in the US.
I hope there will not be any problems!

Tam

"Konstantin" <> wrote in message news:<Jn2Ab.7629$>...
    > Sorry to hear about your brother's story. But it's a good thing to read for
    > people in this newsgroup. While some people can pull off stuff like that,
    > it's getting harder and harder to do, especially after 9/11.
    >
    > And you are right - ignorance isn't the right type of a defense in this
    > case. To be honest, I don't think there is any defense in this case. Sorry
    > to tell you that.

More people lose their green cards for saying the wrong thing
(volunteering information to the immigration inspector) than for
anything else.

You gotta know the drill, the answers to give so that you don't
attract attention.

And, or course, you gotta keep the GC current.