Reinstating Green Card After I-407
Sorry for the long post, but any help would be VERY much appreciated. Also, I am looking for a good immigration lawyer that might be able to help.
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I am a Canadian citizen. I first received a US Green card in 1995, when I was 9 years old. My family moved back to Canada in 2000, and I went with them to start High School. The green card was renewed in 2005.
In 2008, I was pulled aside by US customs in a Canadian airport, and told I must sign the I-407 (Abandonment of Green Card) to give up the permanent resident status. They didn't really give me an option. The phrase "I have no intention of seeking to live in the USA" appears in my statement, but I was told by the immigration officer at the time that this must be included. (In fact, he is the one who typed up the statement on the form).
Currently, I am a foreign Medical Student living & doing clinical rotations in the US (NY) on a B1 visa.
Recently, I was told by a customs officer in Buffalo that once I had established residence in the US for 1 year as a PR, I was allowed to leave the US for "an indefinite amount of time for education" (he didn't specify if this included high school; I had just graduated from a Canadian university when I signed the I-407), and I should have been given the option to keep my Green Card.
He told me I would be able to go to a border and ask the agent to reinstate PR status (I believe he said within 1 year of finishing school), and get a court date to finalize it.
Especially since the agent at the Canadian airport didn't give me any options back when I signed the I-407, he said the judge might look favorably on my case to reinstate the green card.
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My main reason for pursuing a green card is because I will be applying to Medical Residency positions (a paid job) in the US, and possessing a green card will greatly ease this process. I do wish to remain in the US at this time.
I don't know if it will help my case, but to show my "intention" of wanting to stay in the US, I had renewed my Green Card in 2005, and I had applied to US medical schools in 2007 and 2008.
I know my stay outside the US was very extended. But, is there any truth to the US Customs agent's claim that I was allowed "indefinite leave" for school?
FYI, 6(d) on my I-407 has a note reading: "If you waive your right to a hearing now, you can have a hearing at any time hereafter before an immigration judge to determine your admissibility by presenting yourself at a port of entry to the United States and seeking entry. If you do seek a later hearing the immigration judge can and will take into account all statements you have made concerning your abandonment of residence in the United States."
Finally, if I were to make a go of this route, and I am refused by the judge in my hearing, will there be any repercussions to obtaining future non-resident visas? (e.g. H1B, J1, etc)
Thank you!
Re: Reinstating Green Card After I-407
While you COULD have conceivably done things to maintain residence while you were studying outside the US, it would appear that the combination of doing none of the things that presume a US residency (no US address, no paying taxes, no registration for selective service) and spending years of uninterrupted time abroad with no reentry permit. You would have been considered to have abandoned permanent residence even if you hadn't signed the I-407. That just greased the decision. Sure you can ask for a hearing, but it appears that your actions do indicate you abandoned your residence here. The "I'm studying abroad" thing is not automatic.
Re: Reinstating Green Card After I-407
I've been reading around, though I can't find too many resources on this situation. I did find this: http://www.americanlaw.com/maintlpr.html
The main concern is whether I ever "abandoned the intention" of living in the US. But when I left, I was a minor, so I don't know how my "intention" would be determined by the judge.
The points I see helping my case are:
-I've been in school almost continuously since I left (high school, university, med school, with only 6 months off before Med school where I had a contract job in Canada)
-I applied to University and Med school in the US, as a US resident
-I renewed by green card in 2005
-My main reason for pursuing a green card is because I will be applying to Medical Residency positions in September, and a green card would greatly ease this process.
And points against my case (I think):
-Custom agent was mistaken, and being in school is not a valid excuse for indefinite leave
-Never filed a tax return (though I was a minor for the large part before I did the I-407)
-Never signed up for selective service (I didn't know about it)
-I signed the I-407
-It's been so long since I left the US (since 2000)
My final concern is, if I try this method and fail (i.e. denied by the judge), would there be reprocussions for "being denied" a green card, (such as trouble getting future visas)?
Re: Reinstating Green Card After I-407
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-I've been in school almost continuously since I left (high school, university, med school, with only 6 months off before Med school where I had a contract job in Canada)
Doesn't mean anything. In fact, working abroad weakens your case.
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-I applied to University and Med school in the US, as a US resident
The fact you lied to a University doesn't help your case.
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-I renewed by green card in 2005
Means nothing if you didn't do the other things required to maintain residency.
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-My main reason for pursuing a green card is because I will be applying to Medical Residency positions in September, and a green card would greatly ease this process.
Green cards are for those who intend to immigrate permanently to the US. It's not a mechanism to grease entry for non-immigrant intent in lieu of getting the appropriate visa. In fact, this is why your green card was taken away to begin with. They do not want you to use it for this reason.
Re: Reinstating Green Card After I-407
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Quoting
flyingron
Doesn't mean anything. In fact, working abroad weakens your case.
The fact you lied to a University doesn't help your case.
Means nothing if you didn't do the other things required to maintain residency.
Green cards are for those who intend to immigrate permanently to the US. It's not a mechanism to grease entry for non-immigrant intent in lieu of getting the appropriate visa. In fact, this is why your green card was taken away to begin with. They do not want you to use it for this reason.
-Unfortunately, I figured working abroad would weaken my case. Though, it was after the I-407 was signed, when I was under the belief that I had no rights to work in the US.
-I didn't lie to the schools I applied to, I made them aware of my case.
-I was hoping having renewed my visa helped show my intentions, but point taken.
-I should have clarified about residency. I will be eligible for a J1 visa regardless of my green card status. I am hoping if I can convince the judge that I want to practice and live in the US permanently after residency, it will show intent. Either way, I will be doing a residency in the US, only the J1 carries a 2 year home return requirement. That'll mean one less doc here.
Regardless, I'm not very optimistic about this case at this point.
Thank you for your help.
Re: Reinstating Green Card After I-407
I suspect your best bet is to enter with the J1 and apply for resident status anew.