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Removal Proceedings Hearing for GC holder

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  • Removal Proceedings Hearing for GC holder

    My father-in-law had a valid Legal Resident Card, however he did not stay in USA for more than 30-45 days every year since the last 4 years and therefore this time when he entered USA at the Boston Airport he was detained and his GC was taken away and a temporary LPR was issued to him valid for a year and said he would have a removal proceedings hearing, if he wanted to retain his GC.

    In contrast my mother-in-law who also has a valid Legal Resident Card (they both got their GCs together under the Family Based GC in 2005) always stayed in USA for 150-200 days every year and never exceeded her stay out of USA for more than 180 days and therefore never had a problem at immigration.

    My father-in-law wishes to retain his GC and the reason we have for his long stays out of the USA was, when they were issued GCs their unmarried daughter did not receive her GC as she was above 21 and they did not want to leave her alone in India for long periods of time until she got married so one parent always stayed with her. However, Finally their daughter got married last year and now my father-in-law can stay in USA for longer periods of time without andy worries. Can we argue our case on this reason without an attorney or getting an attorney is important? Has anyone had any experiences with a removal proceeding hearing. Your suggestions and comments would be much appreciated.

    P.S. Me and My husband are here in USA on EAD and our 485 is pending and my in-laws live with us and my husband has no other siblings beside his sister.

  • #2
    Sorry to hear that.
    Did your father in law apply for re-entry permit ?
    Was he out of the US longer than 1 year at a time ?

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    • #3
      No, we did not apply for re-entry permit because he was never out of US for more than 1 year, he always returned within 8-10 months, however he did this every year.

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      • #4
        My suggestion is to hire a lawyer for a hearing.
        At the airport, did your father in law mention the reason he was out of the country ?
        Besides having his son in the US, does your father in law have any other tie in the US (filed tax return, has bank account, etc.) ? Did he mention this ties to the officer at the airport ?

        I had a friend who had the same problem a few years ago, she even had a re-entry permit with her, but they asked her to go to a hearing, and at the hearing, per her lawyer's advise she right away returned her green card, because she didn't have any other ties in the US.

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