Urgent - Failing to get returning resident visa

[Anderson]

I need some advice on this rather complicated matter.

I am a green card holder and I have been outside USA for more than one year. I failed to get a re-entry permit, not because I didn't apply for one, but because my application was turned down. I never received notice about this from USCIS because of some address mistake by USCIS. The reason for it being turned down was because I forgot to enclose a document. I tried to contact USCIS on several occasions, but they just ignored it.

Recently I tried applying for a returning resident visa. This application was turned down, because I failed to prove, that my stay was protracted for reasons beyond my control. It's as if they just won't give me that visa. As if they have to nail people for something! I'm an educated and smart person, someone who knows injustice when he sees it. Clearly my stay was protracted beyond my control, but there is nothing I can do about their decision right here and now.

I have spoken to an attorney and he mentions two alternatives. The first is to reapply for a returning resident visa and let the attorney prepare the application. The second is to enter USA and stand before an immigration judge. Both of these are expensive alternatives.

I like neither alternative since they hold to many uncertainties. The laws are very subjective which is partially reflected in immigration judge ruling statistics.

Do I have any legal alternative to these choices? I have heard about the chance of getting admitted through a port of entry without having a re-entry permit. Is this realistic and which port of entry should I choose? Is it realistic to assume that border controls at some ports of entry are not up to date on the rules or simply just lax with their control? I assume most green card holders arrive by airplane and not driving a car from Canada for instance.

Illegal entry is off course out of the question.

[mariejm]

You should follow the directions of your attorney- who has a more knowledge and experience than non-attorneys ( forum members). Your statements regarding entry via land and lax , dated record keeping, contradicts your last statement..... I am just saying....

All the best in your quest to reenter the USA.

[petr_]

some considerations...

I deeply feel with You - the rules the US immigration imposes on people are ridiculous and strange. If they give us such a hard time getting the green card, why they make it so difficult on us even after we get the card...

If I was You I would try to get to the USA - gracefully... just coming in, without any permits [that they will not give You anyway].

You can fly in and hope they will just let You thru... and if they ask You when did You leave the USA, they will hopefully believe You what You say...

Or, enter by land, from Canada or Mexico. Getting into those countries should be easy... and it can be easier to get to the USA from there.

Some things to consider:

- when leaving the USA, perhaps noone noticed Your leaving - when going to Canada, there is often no immigration check on the USA side, only on the Canadian. THe Canadians might share the data with the USA, but I doubt it. Readers, does anybody know?
I FLEW out of the USA only once, but there was NO USA immigration!! I flew from a tiny airport... they only checked my passport there... we had a connection flight in Detroit, and there was ONLY the boarding gate, no passport check. But that was in 1998. Any more recent experiences, readers?

- when You will come to the USA, they might ask You how long You were gone for. Do they have any possibility to check if You tell the truth? I assume You have no exit stamp in Your passport, and if You do, You can get a new passport. So - where can they look that up? I suppose there is no database of exits with greencards [? - do they scan the greencard when leaving?]. And it would be too complicated to look up the airline lists I suppose.

- the border USA/Canada is long and deserted. They are just starting to guard it, but I doubt they are too successful, especially in Alaska. Remember - with the greencard, You are legal on both sides of the border - which gives You a big advantage if You were checked - but You cannot cross it, of course, I cannot advise You to do illegal things. There are even some unmanned border crossings - You are supposed to pick up a phone at the border and call the nearest office. These crossings are not very frequented. There is a list of them on the net. Some people get to the USA on boats that dont have metallic mast or other parts - these dont get picked up on radar. But this is illegal, so dont do it... well, it is not illegal to come this way, but You need to call the customs after arrival. Actually, as a green card holder, perhaps You are not required to. Check into this.

- if You tried to get the returning resident visa, they might have an evidence that You were abroad, and that You overstayed. Can they look that up at the port of entry somehow?
If You will get to the USA without them asking questions, I suppose You will be OK?

- do they always keep records of all greencard holders arriving [do they scan them upon arrival?]? Are there some crossings where they dont? THat would be good to know.

It used to be on the border with canada in Detroit that there were many people crossing in both directions... and the immigrations needed only ORAL declaration that one is an US citizen. That meant that the governments could NOT keep tracks of people entering or leaving the USA. And You could always say that "just last month, You were in Canada, USA, and back in Canada. ". And nobody could prove You wrong. The same was on the border with Mexico. Can any readers write their more recent experience from crossing the border to Mexico or Canada and back? Do they always scan / write down the names of all passengers? Or just the drivers? Or do they just look at the passports, but don't write/scan anything? Yes to the last two questions would mean that they can never prove that You were gone from the USA for more than a month. You could be travelling to and from Canada..

I am very interested in the outcome, so, please, let me know!!! My situation is similar, although much easier than Yours. I was not aware of these stupid laws, so I intended to stay out of the USA for longer time... voluntarily. I do not need to see the USA every year, I don't like it there that much, but I have my family there, so I like to visit now and then. This is pretty simple and normal, but the USA laws don't allow me to do this... Well, I have found out soon enough, it has not been an year yet since I left. So, I can just come. The hassle is that I will have to come every year, just to satisfy the bureaucrats. It is not very ecological nor cheap to fly every year.... oh well. If I find some way how to leave the States without them noticing, I will feel more free. Last time, I left thru Canada - just for that purpose. but I don't want to risk - the Canadian could have notified the USA about my departure... or the airlines might have. I am not good at lying anyway, so... I will just get to the USA in time... just for the bureaucrats.


Best luck to You
Petr