Visa Over Stay

[ChrisLan]

I WAS / USED to live in the US, until I was told to leave, this happened on April 20th 2005. I consulted a lawyer; ICE told me I had VAIWED all my rights by entering the US on an I-94W, so basically lost my LPR / GC

I entered the United States of America on an I-94W, we had left Australia and flown to South Africa, and on return to the US we flew to British Columbia for a week's vacation.
We decided to use the ferry from Victoria to Port Angeles, WA. I realized then I did not have my Alien Registration card with me.
I made a really bad judgment call and used the I-94W to gain entry into the US. I was not aware this was against immigration law at the time.

I have been married for 19 Years with two children 17 and 14.

I have filed an I-212, I-601 and I-130 with the US Embassy. Has anyone known the I-212 and the I-601 not to be approved?

Any help in this matter would be truly helpful.

Thanks

[ChrisLan]

I WAS / USED to live in the US, until I was told to leave, this happened on April 20th 2005. I consulted a lawyer; ICE told me I had VAIWED all my rights by entering the US on an I-94W, so basically lost my LPR / GC

I entered the United States of America on an I-94W, we had left Australia and flown to South Africa, and on return to the US we flew to British Columbia for a week's vacation.
We decided to use the ferry from Victoria to Port Angeles, WA. I realized then I did not have my Alien Registration card with me.
I made a really bad judgment call and used the I-94W to gain entry into the US. I was not aware this was against immigration law at the time.

I have been married for 19 Years with two children 17 and 14.

I have filed an I-212, I-601 and I-130 with the US Embassy. Has anyone known the I-212 and the I-601 not to be approved?

Any help in this matter would be truly helpful.

Thanks

[sappyconifer]

You may wish to also post your story on this board. They have a forum dedicated to 212 and 601, and there may be people there who can offer some insight. Good luck.
http://www.immigrate2us.net

[swissnut]

Yes, signing an I-94W indicates that you agree to waive right to a hearing before an immigration judge, if found inadmissible. It's too bad you didn't think to secure a transportation letter. Did you consult with an attorney before leaving the country?

[Houston]

What some people don't realize is that the USCIS is not some evil entity. The CBP's are educated, understanding officers who can help you if you're honest with them and come forward with your problems. You should have informed the CBP that you were a resident alien but didn't have your credentials with you. They could have checked their information systems and databases to verify your identity and status.
I "think" that in your case it shouldn't be hard to prove extreme hardship, however you'll have to deal with all that red tape and months of waiting. In my opinion, the worst part is that you're no longer in the U.S. and being separated from your family should be causing you a lot of stress to say the least. Some of these waivers can be approved rather quickly when the applicants are in the U.S. When the applicants are overseas, processing times are usually much longer.
Don't take what I say as legal advice, there are many attorneys specializing on waivers of a ground of inadmissibility and permissions to re-apply for admission, you should secure legal representation.

[Theone]

She consulted a lawyer so argueing the merits is hardly appropriate.

Also no mnetion of how long she had been gone, may well have abandoned LPR status, and entering on the VWP was the icing on the cake.

VWP you do waive your rights anyway.

You have been given the best board for waivers, would have thought it would be very doable if lengthy.

[SunDevilUSA]

If you were a permanent resident, why did you enter on visa waiver? That makes no sense. You should have advised the CBP Officer that you were a permanent resident.

You requested admission as a non-immigrant. This would suggest that you voluntarily relinquished your permanent residency status.

Quite honestly, it seems improbable that a permanent resident would leave the country without ensuring that they were in physical possession of their green card. You remembered your passport, but forgot your green card? I don't buy it.

[sappyconifer]

Theone,

That's very plausible. The OP did say they decided to fly to BC for a week's vacation, implying that the stint in Australia and South Africa was not vacation. It could very well be that they had been out of the country for a lengthy period and had no re-entry permit and the OP thought he might be able to sneak past CBP with an I-94W. I wonder why there wasn't come sort of stamp in his/her passport (current or otherwise) indicating PR that the POE agent didn't notice.

[SunDevilUSA]

When ChrisLan applied for addmission at the POE, I'm sure that the CPB Agent's computer advised him that ChrisLan had LPR status in America. Not unreasonably, the CBP Agent would have questioned why addmission was being attempted via the Visa Waiver Program.

It all sounds very underhanded.

[marmaduk]

I doubt the CPB agent will advise him that he's a LPR, because they simply doesn't have the knowledge. For one thing his passport alone won't contain any information that showed him as a LPR. Unless it happens to still contain an I-551 stamps or the likes. Even if the system keep track of LPR and the passport # they use, he might have use a brand new passport that's not in their database yet.

[Houston]

He could have been paroled pending a differed inspection. Fingerprinting is a very effective way to find out if he was an LPR or not.

[ChrisLan]

Hi SunDevilUSA
I did not mention on my posting I was sent to Australia (One of the Biggest Software Companies sent me), I was transferred for a year. I then returned to Seattle. My Green Card was in with our Birth Certificates, SS Cards and so on in the container sitting in Elizabeth NJ waiting transfer to WA.
I made a bad judgment call. I think its unfair to call my judgment underhanded. I made an honest mistake. Sorry you feel that way.
Thanks for you're help

[SunDevilUSA]

ChrisLan: In your circumstances, you should simply have advised the CBP Officer that you were a permanent resident, but that your immigration documents were not in your immediate possession.

The CBP Officer would have verified your immigration status and paroled you into the country. Upon retrieving your green card, you would simply have presented it at a USCIS office, and been admitted.

A permanent resident should never attempt to enter as a non-immigrant, as you discovered to your cost.

[Houston]

An LPR can obtain a re-entry permit if the absence is to be longer than one year. A re-entry permit (I-131) is usually granted for two years and serves as recognition by the USCIS that the individual does not intent to abandon permanent residence despite prolonged absence from the US. The LPR must also file U.S. taxes and avoid any criminal activity.