Asked in Immigration Law

Q: What do we do if we are not allowed to cross the U.S.A border for no apparent reason.

My family and I had a green card to america but on 2018 while heading to america they told us that we had the green card for too long so that we needed to appear in court in 2018 while apperaring in court my wife and two kids told them they don't want the green card anymore but we want to be allowed to visit america the judge said okay but as we arrived to the american broder the patrol officer told us that we won't be able to enter america anymore I had a different court case because I went to america a different time then my kids and I'm allowed to go visit america I don't understand why my wife and kids cant go if they gave them their green cards willingly. What should I do and who can I speak to?

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: This seems unfortunate. A green card is to live permanently and primarily in the U.S. on an annual basis. It should not be used as a glorified visitor visa. Otherwise, lawful permanent status can be determined to be abandoned.

Apparently, the Department of Homeland Security ‘may have’ alleged that they abandoned their permanent resident status. Both seemingly agreed that they did not want to live in the U.S., so the order became a deportation order if they never ‘properly executed’ a voluntary departure order at ICE and a consulate/embassy, then requested a visitor visa.

Note that the immigration judge has no authority to issue a visitor visa. The two may have committed illegal re-entry, thereafter, without presenting a new non-immigrant visa, so the deportation order was reinstated. They seem permanently barred from lawfully entering the U.S. Only after proof of being outside the U. S. for ten years can they file for advanced permission to re-apply.

If they ever want to live in or visit the U. S., I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Illegal re-entry is a crime, so the DHS can eventually detain and refer a violator to Federal criminal court for prosecution.

The above is general information, not legal advice, and does not create an attorney client relationship.

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