ReEntry after 12 Months / sign I-407

[luki123]

Hi,
i have been outside of the country since november 2019.
Currently living in europe (wife and kids are american)

We are trying to fly back in June. Im aware my GC has technically expired.

At the port of entry (JFK), if i sign I-407, do they still let me in on a tourist visa? Or should i file I-407 before we travel and apply for Esta? Im also worried that i can’t even board a plane with my expired GC

Ideally i would like to keep my PR but i don’t want to see an immigration judge (which could take months or my passport taken away)

Thanks!

[newacct]

The GC has not "expired" if the expiration date has not passed. The GC is by itself not an accepted document for a re-entering immigrant, so normally in your case a returning immigrant would need another document, like a Re-entry Permit or an SB-1 returning resident visa. However, the officer at entry has the power to waive the failure to have an acceptable document and let you in anyway. If you want to keep your PR, you should definitely not sign I-407. The officer will either let you in or give you a Notice to Appear to see an immigration judge in removal proceedings.

[luki123]

Will they take my passport away while waiting for NTA? Or just my Greencard? I want to at least give it a try.

If i get a NTA i would just want to leave the country and come back on Esta if needed

[alicebbb]

Hi, I sent you aprivate message, I'm in a similar situation and I was wondering how it ended up going for you. Thank you!!