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This is a simplified version of my situation, please help if you can. Sorry if it happens to be in the wrong forum, if that is the case please move it mods.
Received Green Card by lottery in 2004 when I was 16 (along with mother). Was living in UK. Visited in 2004, got re-entry permit, visited again without problems in 2006. Left soon afterwards for family/medical reasons, did SATS in 2007-2008, applied and accepted to US uni, returned to US this August (thus was away for c. 2 years). Got busted by Homeland Security, rejected at their second inspection and ordered to appear before Immigration Court with mother.
1. I have firm evidence of my intent to stay. The uni, the accommodation I paid for, etc... Mother has a good job offer and we both have single tickets.
2. I have some evidence of my intent to return during the period of absence, namely the fact that I am financially dependent on my parents (who were in the UK during our period of absence) and since 2007 the whole US uni application process.
My mother kept and used some American bank accounts during the period and filed taxes for FY2006. Also, in 2006/07 she was pre-occupied with grandmother's medical problems (the reason we temporarily left the US in 2006) and we have documentation for all the above.
3. Possibly the most troublesome issue is that when questioned in the airport about how long I was away I said "a month", and after the officers revealed they had evidence of our flights two years ago, I stated that I had misremembered and that their's was indeed probably the correct version. This was taken down in the transcript. So I was not surprised to see that in the second interview they alleged not only that we were no longer permanent but that we lied to US gov't officials.
A caveat, however - we were both very tired and nauseous after the flight (recorded in transcript), and we gave a few other nonsensical and illogical responses (again, recorded in transcript).
We have no misdemeanors/felonies.
So my questions are,
How will 3) play into the trial? After all, as I understand it the Court job is to decide whether we are or are not still permanent residents, regardless of what we may have told Immigration Control. As such, am I right in thinking (hoping?) it will be irrelevant in the actual Immigration Court?
What are my chances of getting the Green Card back and how could I increase them? Similar cases and outcomes?
Should my Green Card be taken away permanently, can I expect to get a student visa or simply deportation? (This last question in particular nags at and depresses me since academically/career-wise it would mean 2 years wasted, quite apart from everything else).
Received Green Card by lottery in 2004 when I was 16 (along with mother). Was living in UK. Visited in 2004, got re-entry permit, visited again without problems in 2006. Left soon afterwards for family/medical reasons, did SATS in 2007-2008, applied and accepted to US uni, returned to US this August (thus was away for c. 2 years). Got busted by Homeland Security, rejected at their second inspection and ordered to appear before Immigration Court with mother.
1. I have firm evidence of my intent to stay. The uni, the accommodation I paid for, etc... Mother has a good job offer and we both have single tickets.
2. I have some evidence of my intent to return during the period of absence, namely the fact that I am financially dependent on my parents (who were in the UK during our period of absence) and since 2007 the whole US uni application process.
My mother kept and used some American bank accounts during the period and filed taxes for FY2006. Also, in 2006/07 she was pre-occupied with grandmother's medical problems (the reason we temporarily left the US in 2006) and we have documentation for all the above.
3. Possibly the most troublesome issue is that when questioned in the airport about how long I was away I said "a month", and after the officers revealed they had evidence of our flights two years ago, I stated that I had misremembered and that their's was indeed probably the correct version. This was taken down in the transcript. So I was not surprised to see that in the second interview they alleged not only that we were no longer permanent but that we lied to US gov't officials.
A caveat, however - we were both very tired and nauseous after the flight (recorded in transcript), and we gave a few other nonsensical and illogical responses (again, recorded in transcript).
We have no misdemeanors/felonies.
So my questions are,
How will 3) play into the trial? After all, as I understand it the Court job is to decide whether we are or are not still permanent residents, regardless of what we may have told Immigration Control. As such, am I right in thinking (hoping?) it will be irrelevant in the actual Immigration Court?
What are my chances of getting the Green Card back and how could I increase them? Similar cases and outcomes?
Should my Green Card be taken away permanently, can I expect to get a student visa or simply deportation? (This last question in particular nags at and depresses me since academically/career-wise it would mean 2 years wasted, quite apart from everything else).
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