More details to this question:
Green card was revoked at port of entry in Detroit, December 2010. Reason was voluntary (under duress: beneficiary was detained for over 6 hours until she signed the paperwork. She has returned to Nigeria since January 2011. How do I appeal?
6 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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More facts needed to know how to advise you. Were you given the right to see a judge? Was it revoked for a criminal record, fraud, abandonment? I suggest scheduling a paid consultation to advise you of your rights and options.
Answered on Jul 08th, 2013 at 1:06 AM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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Your case seems complicated in that a person is usually not returned from port of entry unless he/she is in-admissible for various reasons; or has a pre-existing deportation order. Nevertheless, the person may be eligible for relief and/or reopening his/her immigration case. I strongly recommend you consult with an attorney regarding options, if any. Good luck and thank you.
Answered on Jan 04th, 2012 at 9:53 PM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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It seems that there is no appeal here. She had the option to fight her case in court. It appears that she waived that opportunity by signing the documents.An attorney would have to review all the documents to explore the duress argument. She needs to make a Freedom of Information Act request.
Answered on Jan 04th, 2012 at 5:12 PM
There is not appeal. The person gave it up voluntarily by signing Form I-407. Although the person might have felt duress, the form usually clearly says the it was done "knowingly and voluntarily". That pretty much seals it unless you can demonstrate that this was not the case.
Answered on Jan 04th, 2012 at 4:55 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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There is no appeal aftersurrenderingthe green card. She may apply again if she is eligible (if she has qualified relatives, for example).
Answered on Jan 03rd, 2012 at 6:56 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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This has become a real issue at ports of entry. The best thing you can do is to hire an AILA attorney to review the full file and the person's history to see if the green card was legitimately revoked. If it was not, then she can try to fight this out via the court system. Normally if a person is out for 365 days or more the card is automatically revoked but intent to retain in extreme situations can override the timeline.
Answered on Jan 03rd, 2012 at 6:40 PM