Green Card blues

[Gone South]

Signed up to this forum after surfing looking for people with similar US Green Card frustrations.

Some history first. I transfer to the US on a company sponsored L-1 work visa. Getting the visa was dead easy but it’s got more and more complex to roll that visa into a green card ever since. I think the biggest hurtle is our company changed legal firms shortly after I arrived and about half way through the 2.5 year process, the individual in our Human Resources department managing the transfer quit and another person picked up the pieces.

Now, to back up even further in history, about 18 years ago, while traveling on business, I was disallowed entering the US for some unknown reason. Went through a pile of red tape which revealed no reason for the inadmissibility. No conviction, no record ….dead clean. Ended up with some sort of crossing card incase I ever had another problem….which I never did. I always carried the card but never used it. Then one day while on business in the UK, I had my briefcase stolen. Lost wallet, passport and the crossing card. Never got the card replaced because I never used it and never had another problem. Never even thought of it as a big deal.

So now back to relocating to the US under my L-1 status. Got here no problem; bought a house; car; another car; moved and imported a pick up truck and motorcycle as well as a full 50-foot moving van of personal belongings. Got social security cards without any problem, drivers license and started the green card process. This was about the time the legal firm changed and everything started to go sideways.

While answering some standard questions to this firm for green card processing it came out that I had been disallowed from entering the US once. Keep in mind on average I’d travel to the US maybe once a month for over 10 years and only ever had a problem the once. I informed them of the crossing card and how I lost it and just never replaced it. Well in their minds this was a huge problem. They said before I could apply for a green card I would have to get a replacement crossing card. They said I would not be allowed back into the US if I left. Having a region of US, Central and South America, this wasn’t an option not to mention head office in Canada and family. They then reapplied to have my green card interview moved to the US from Canada. Why, because they said if I came to Canada for a green card, I would not be allowed back into the US? From a travel standpoint, I’ve basically ignored their suggestions and cross back and forth over the US boarders between 2 to 4 times a month ever since. Like before, no problems. I send the idiot managing my case a blackberry email every time I cross just to prove a point.

Now it starts to get interesting. Because of the delay in relocating my green card interview to the US, it won’t happen before my L-1 expires next spring. The legal firm’s idea of resolving this was to arrange to get me a 3-year authorization to work card but that’s not acceptable to reenter the US if you leave. But now, I wouldn’t have the L-1 so I really would have a problem. I did my own investigation and found out you need a reentry permit which is obtained with an I-131 form. After much arguing with this firm, I finally convinced them to request the reentry permit. But, the backlog on issuing those is estimated to be about a month further out than the date on my L-1 as well.

I would be Ok to work in the US without leaving with the 3 year work authorization card, but the problem in south Texas is they have boarder patrol checkpoints on the highways. Non US citizen without a visa or reentry permit is a no no and they will deport you. Oh yea and confiscate your assets when you go. So, it sounds like the safe option will be to leave the US when the L-1 expires and then come back when the reentry permit is issued. I think the delta will be about a month.

Hope this isn't the stupidest chain of events involved with trying to get a green card and welcome stories from others who’ve gone through or going through similar problems.

[Steven]

Assuming the I-131 is issued, which it might not be, depends on how far along you are in the PR application process.

[Reba]

You can't leave the US while your green card adjustment of status is pending unless you have the advanced parole document before you leave (which apparently is part of your problem). If you leave, they will consider you have abandoned your applications and no longer want it, so they'll cancel it.

If you have an EAD with a pending AOS application, that is defacto permission to remain in the US legally. I can't see how a border ID check would result in deportation if you have a legal EAD. That would mean any K1 recipient in the State of Texas would be under threat of deportation as soon as their 90 days K1 window was up. Which would make no sense whatsoever.

Apply for the Advanced Parole and EAD, even if there is a gap between the AP and the L1 expiring, you should be ok. And Do Not Leave the US until you have your green card or AP in your hands!

[Gone South]

Not sure why or if the boarder patrol would ever actually deport a person with what looks like valid paperwork but I do know they are a very unpleasant bunch and like to remind you they have power. I do know they will detain you for 6 hours because it happened to us the first time we went through one without our passports. All they told me is if you reside in the US and not a citizen, they want to see a passport with a valid visa inside it. The employment authorization card wouldn’t cut it.

The problem is without an AP, and with an expired L-1, I can’t really do my job which includes trips to Mexico, Central and South America as well as back to Canada. If it was a month between the L1 expire date and the green card receive date I could just take some vacation but lawyer has no idea how long. Could be 8 months to a year she’s saying. The AP is the answerer but from what I read, no guarantee they will issue one. Part of the problem is the lawyer does not share all the Notice of Actions. I have a few that have come direct to my home address but she has a number more. I’ve asked for copies but they are a no show. We do go for ASC appointment (tomorrow) for biometrics taken but have no idea if this is part of the AP process or green card process. It does not say on the paperwork I have.

What I do know is if the delay between L-1 expiring and issuing of something that allows me to reenter is significant, I will depart the US and move back to Canada.

[Steven]

Where did you get pulled up if you don't mind me asking?

I know they've been doing enforcement on the ferries in Washington State because they have a captive audience and have plenty of time to sit there on the ferry checking IDs. I saw something in the press about how the islands were becoming "Mexican Alcatraz" because they're scared of going to the mainland.

[Gone South]

Where did you get pulled up if you don't mind me asking?

I know they've been doing enforcement on the ferries in Washington State because they have a captive audience and have plenty of time to sit there on the ferry checking IDs. I saw something in the press about how the islands were becoming "Mexican Alcatraz" because they're scared of going to the mainland.

We're living in San Antonio Texas and you don't need to go too far south of here to find a boarder patrol checkpoint. Always carry our “papersâ€

[Gone South]

So, my lawyer send me a memo late today and finally starts to explain things. Tells me they are about to prepare the Application for Adjustment of Status to Permanent Residence which is green card. Ends up the 4 inches of paperwork so far does not include any of the actual steps of the I-485. They have completed or at least into the AP and EAD process but they are just safeguards incase the I-485 application is denied. The L-1 visa can be extended by my company which is exactly what I originally thought could happen. The biometrics appointment I have for tomorrow is for the AP which is on its way and she feels I should have it about the end of the year. The EAD card showed up in the mail late last week. So, as I understand it, if you actually use the AP and / or EAD, you no longer have nonimmigrant status which isn’t a problem as long as your I-485 is approved. But, if for some reason it’s not approved, you have “no statusâ€

[kevinlg]

Wow!.SO lame.
Does this happen in elsewhere other than Texas?
How about Cali.?