A lawful permanent resident returns USA after has left the country for 12 months. The CBP officer takes away his green card because of the abandonment issue. What should the LPR do next, wait for the court notice of appearance or what else?
Please note that if you were outside the US for over one year on your green card, and you did not have a Re-Entry Permit, there is a conclusive presumption that you have abandoned your permanent residence in the US. You are, however, entitled to a hearing before an Immigration Judge. Please see http://www.avvo.com/legal-guides/ugc/winning-your-case-in-immigration-court
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Nothing can be done before the EOIR takes control of the case .... other than to hire a lawyer and prepare for a big fight.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Contact a US immigration attorney to review options and to assist with EOIR proceedings.
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