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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12304
Experience:  Write FOR JAMES to get my help!
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My court date is on the 9:th of December and I'm

Customer Question

Hi again James My court date is on the 9:th of December and I'm hesitating to go, I've sent a letter to the court saying I'm willing to voluntary abandon my green card but I din't get a respond to that. So now I'm thinking about going to the hearing anyway
and in the same time visit my elderly and sick relatives. What risks do I take by doing that, can I be detained until the master hearing, do I have to stay in the US until the judge make a final decision in my case?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hi there,

Thank you for requesting my assistance.

The criminal court does not care about your green card. They care about the supposed crime for which you were charged. You can be undocumented, for all they care.

I cannot view the other question you asked. Can you please send me the link to review, for reference?

Customer: replied 1 year ago.
Hi
Sorry I thought you could se my previous questions. In short I lived in the us for 12 years, all my kids are borne in LA, I owned a bakery in Glendale. In the late 80:th's I was arrested and convicted for cocaine possession and after that I moved back to Sweden to get rid of my addiction. I didn't have any plans of moving back to CA but suddenly my relatives (aunt ) turned ill and asked if I wanted to buy their business. So I renewed my green card with out any problem but now they want to whit draw it and I'm schedule for a preliminary hearing in LA on the 9:th. I'm currently in sweden, last time I got a parolled stamp in my passports. Do I face any risks being detained for a long while if I go to the trail?
Expert:  Expert James replied 1 year ago.

Do you know why they want to withdraw it? Is it because of the conviction? Or the time spent outside of the US (i.e., abandonment of permanent resident status)?

Customer: replied 1 year ago.
Because of the time spent outside the US, according to homeland security documents at first they wanted to whitdraw it because of the conviction but changed it to abandonment because I stayed abroad. The strangest thing for me is that i applied for renewal of my green card after living 21 years in sweden (because i was offered to buy my aunts business), it was approved and everything was fine,then all of a sudden they want to cancel my green card. I've sold my house in Sweden and everything was planned to move and to buy my aunts business.So should I go and fight for it, whats odds vs. risk?
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Honestly, I don't think you have a very good chance at all. Permanent resident status is abandoned, by operation of law (automatically) if a person departs the US for 1 year or more, without permission. The reissuance of it was an oversight on the part of the USCIS or Department of State. I'm not even sure how you got back into the US after that long of a departure. But I would never say just give up. You never know. And they may allow you to voluntarily depart without a removal order anyway.

I can't give odds vs. risks. The only thing I can say is what the law says, and that is you abandoned your permanent resident status. How a court decides the result is completely up to its discretion.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

I'm stepping away for now. If you have additional questions, please post them and await my responses either later tonight, or tomorrow.

Finally, if you have new immigration questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
Final question if I don't go to the court hearing how will that affect my chances for getting a tourist visa (ESTA) to visit my relatives?
Expert:  Expert James replied 1 year ago.

Hi there,

I am really sorry for the delay. For some reason, this just poppoed up today, even though it shows you poasted your followup a few days ago. I will report this issue to tech support.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: If you don't go to court, whatever it is you are fighting for will be denied in absentia. And you will be ordered deported in absentia. How that affects your ESTA depends on whether you are able to register for ESTA after that. The only way you will know is by trying to register in ESTA and waiting for the result. MY gut says you will not be eligible, due to your immigration history (and evidence of immigrant intent). If that happens, then you can apply for a visitor visa and try to explain it all to the consular officer.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!