Immigration Site

Hello,

Im trying to get some information for a family member. I will do my best to explain his situation, and sincerely appreciate any help/information someone qualified can give.

My father in-laws nephew became a LPM of the U.S. in 2000. He left the U.S. in 2004, and recently came back one week ago. He has no immediate family here in the U.S.

No filings were made on his part prior to re-entry. He arrived at LAX and was brought in for questioning by HLS. After questioning him thoroughly, they explained:

"You appear to be inadmissible to enter the U.S. as a returning lawful permanent resident pursuant to Section 212(a) (8) (A) (i) I) of the Immigration and Nationality Act, INA. You will be served a Notice to Appear I-862 and processed for 240 removal proceedings pursuant to Section 235(b) (2) of the INA so an Immigration Judge can make a determination regarding your admissibility as a lawful permanent resident."

He was given Form I-862 - Notice to Appear In removal proceedings under section 240 of the Immigration and Nationality Act.

They retained his passport and green card and explained they could not revoke it, but that it would be forwarded to the judge who would conduct the proceeding to determine his admissibility.

Weve contacted a few different immigration attorneys here in L.A. Most of them are saying theres zero chance of being allowed to keep his green card, and chances are theyll revoke it and send him back.

At this point, we are primarily concerned about getting his passport back and voluntarily submit his green card to HLS so he can leave the U.S. relatively soon. Weve been told that the actual hearing date may be as far as 90 days from now, and he must get back to his country within 2 or 3 weeks.

My questions in particular:

1.) Is there any chance he can keep his green card?
2.) How can we request that his passport be returned to him to he can return home? Is there a particular form he needs to fill out and submit?

If anybody can explain the process we need to take from this point, I would really appreciate it. After visiting the attorneys our hope of him being allowed to stay has vanished. If there is a chance he can retain his green card, this would be fantastic. If not, any information regarding how to get his passport back is greatly appreciated.

Many thanks,

~ Saffy

Yeah, his GC is dead, ask for a voluntary departure, has he already received a NTA?

No, he has not received a notice to appear yet. How can he request a voluntary departure?

There is zero hope of him being allowed to keep his green card, unless he was in some extreme circumstances for those 6 years, like being held hostage by Somali pirates.

You contacted some attorneys; ask one of them about how to get his passport back and how to file something to declare his intent to leave on his own and surrender his claim to the green card (he might have to sign an I-407).

He should also contact his countrys consulate about getting back the passport and being allowed to return to his country ASAP. CBP probably were wrong to take his passport, and the consulate should be able to assist with getting it back.