How can I appeal my abandonment of lawful permanent status and see an immigration judge? 4 Answers as of July 28, 2011

I was not able to come to US for 3 years due to my health issues, An immigration officer at the airport surrender my green card and made me sign a abandonment of lawful permanent status form. How can I appeal it and ask to see an immigration judge?

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Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
The form that was offered to you was to voluntarily surrender your card and you chose not to fight it in court. Therefore, there is no appeal to that.
Answer Applies to: Nevada
Replied: 7/20/2011
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Boarder Officers usually make you state on the I-407 that you give up your resident status "freely and voluntarily". This will make it difficult to challenge the abandonment. I do not think there is a formal appeals process but CBP should refer your case to an Immigration Judge if you make a colorable claim that you are still a permanent resident. The judge will then determine whether the I-407 holds up and/or whether you actually abandoned your permanent residence by being absent for more than a year. For a recourse it is important to know on what basis CBP admitted you into the U.S. if you are still in the country. It might be the easiest to re-file for your green card if you still have a qualifying relationship.
Answer Applies to: California
Replied: 7/20/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Better yet, why don't you re-apply for it the same way you did the first time? It may prove easier. If you want to go before an IJ, then find a way to be NTA'd (issued a notice to appear) since you can't just make an appointment to go see the IJ, you will have to be referred to an IJ. What some people do is that they file an application for which they know they cannot be approved for and will certainly be referred to an IJ. There, they present their defenses and all kinds of applications . . . risky but your choice.
Answer Applies to: California
Replied: 7/20/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Dear Sir or Madame: I can respond to your question in general terms. Do not construe this response as legal advice as I would have to meet with you and learn a lot more facts about your case to see if the general principles in my answer apply to your specific case or if facts in your case make the general principle inapplicable. Generally speaking: A returning permanent resident has the right to seek review of a determination that he or she abandoned permanent residence in immigration court. One way to get into immigration court is to apply for a replacement permanent residence card. Should USCIS deny the replacement card, it should then place the applicant in proceedings. Many USCIS districts will oblige a request to be placed in proceedings if a benefit is denied. I cannot schedule an appointment through email.
Answer Applies to: California
Replied: 7/28/2011
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