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    whops's Avatar
    whops Posts: 9, Reputation: 1
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    #1

    Oct 20, 2008, 06:46 PM
    Entering the US with an out of status green card for immigration interview
    I lived in the US for 24 years and due to a pending divorce came to Australia where I was born and have family for over 2 years. All I was waiting on was my FBI check and my citizenship would have been aproved. Because it took so long, 3 letters were sent to my american address requesting I be refingerprinted. I did not get these letters as my ex husband didn't open his mail. My husband and I want to get back together, he's an american citizen. I have many ties in the US including my job to come back to. I have been called back to the US for an interview with US citizenship and Immigration Services to explain why I didn't attend the request to be refingerprinted. I don't know how to get back in the country. My green card will be out of status being that I''ve been gone longer than one year. I contacted a immigration lawyer who wants me to pay $1200 for a retainer in case I run into difficulties getting through customs, however other attorneys have told me there's nothing that can be done its up to the immigration officials. Does anyone know what I can do or if I should retain the immigration lawyer?
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #2

    Oct 20, 2008, 08:04 PM

    If you were out of US for more than 12 months without filing a re-entry permit, your green card is automatically revoked.

    You can't return to US with expired/revoked green card. You need to contact US consulate to obtain a "return resident visa"... or immigration officers won't let you in.

    Once you get to US, you have to start the whole green card process over again... and this time, you should retain a real good immigration attorney.
    whops's Avatar
    whops Posts: 9, Reputation: 1
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    #3

    Oct 20, 2008, 09:07 PM
    Thanks. I already tried to get a reentry visa and they said I don't have time that it will take up to 4 months. My appt. with immigration is in November so I don't have time.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #4

    Oct 20, 2008, 11:15 PM

    Reschedule the appointment with USCIS. You can't enter US with your green card...
    everton1's Avatar
    everton1 Posts: 10, Reputation: 1
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    #5

    Oct 21, 2008, 05:23 AM
    I had the same trouble as you out of date green card... I flew into seattle with my wife who is american... after living in the uk for 2 years I also missed my final interveiw the emagration officer looked it all up on the computor and after a discusion with other guys just told me to get it sorted out asap... if your husband is american then they may let you in on them grounds they did with me just explain everything to them at the airport they may let you in to sort it out its worth a try... also drop your lawer I did there not worth the money mine never showed once and cost $1500... just go for it girl you have nothing to lose and all to gain:D
    whops's Avatar
    whops Posts: 9, Reputation: 1
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    #6

    Oct 21, 2008, 12:58 PM
    Did they know when you flew in that your green card was out of status by looking it up on the computer or did you tell them? At this point I don't care so much if I lose the citizenship, I just want to be able to work there.
    everton1's Avatar
    everton1 Posts: 10, Reputation: 1
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    #7

    Oct 21, 2008, 04:26 PM

    I just gave them my passport and when they swiped it came up as out of date green card... just tell them you had famaily emmergency back home and you know your card is out of date and you are going back in to sort it out exsplain you have a job there and also husband/boyfreind tell them you have till November to get it sorted I'm sure they will let you in just don't try to lie to them ps let me know if you get in... im sure you will I did (twice)... if your passport has a bio metric chip they will know anyway
    whops's Avatar
    whops Posts: 9, Reputation: 1
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    #8

    Oct 21, 2008, 08:47 PM
    Every time I go through they always ask me how long I've been gone for. I don't remember them swiping my passport. I guess the fact that I have tons of paperwork from the US immigration telling me to be there nov 19 and the fact that I have a job, husband, son over there as well as a social security number, bank accounts, mortgage, CA drivers license etc. makes no difference. I'm preparing myself for the worse case scenerio!
    everton1's Avatar
    everton1 Posts: 10, Reputation: 1
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    #9

    Oct 22, 2008, 01:53 AM

    If you go via seattle and not a major airport you will be OK just show them you have an appointment for November you will be OK trust me there OK in seattle they may give you some stick but it will be fine
    whops's Avatar
    whops Posts: 9, Reputation: 1
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    #10

    Oct 22, 2008, 02:04 PM
    I will be coming from Australia. I don't think they fly into Seattle. Its either SF or LA. If I go through SF it would require 2 extra flights plus a lot more money. My passport is due for renewal 2010 so it may not have that chip your talking about on it? Do you know if they have your last entry date on their computers, or if their computers are linked to each other showing last entry dates?
    everton1's Avatar
    everton1 Posts: 10, Reputation: 1
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    #11

    Oct 22, 2008, 04:22 PM

    I don't think they store last entry dates as its been so long since you last entered usa.. but look at your passport they may have stamped your last entry in it... I still think you will be OK if you exsplain to the guys at the airport they know things like this happen all the time it did to me (twice) they just say get it sorted just be nice and civil to them if you have to act a little dumb then do it just don't give them any bs, have a little faith you will be fine
    everton1's Avatar
    everton1 Posts: 10, Reputation: 1
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    #12

    Oct 22, 2008, 04:32 PM

    If you have the paperwork telling you to be there in November then you have no troubles... just show them to the immigration oficer exsplaine what your doing remember they called you back so you have that going for you... you will be fine whops stop worrying
    whops's Avatar
    whops Posts: 9, Reputation: 1
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    #13

    Oct 23, 2008, 02:53 AM
    Thanks for your support! Its just a downer when I keep being told I could be turned around at the border. I'll let you know if I get in :)
    everton1's Avatar
    everton1 Posts: 10, Reputation: 1
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    #14

    Oct 23, 2008, 02:54 AM

    Just keep you chin up digger you will be fine OK good luck
    whops's Avatar
    whops Posts: 9, Reputation: 1
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    #15

    Dec 13, 2008, 03:55 PM
    Quote Originally Posted by everton1 View Post
    if you go via seattle and not a major airport you will be ok just show them you have an appointment for november you will be ok trust me there ok in seattle they may give you some stick but it will be fine
    Lets just say where there's a will, there's a way... :)
    everton1's Avatar
    everton1 Posts: 10, Reputation: 1
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    #16

    Dec 15, 2008, 02:51 AM

    Well did they let you in or what lol I hope so let me know in english will you lol

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