Travel to US after 11 months stay in India and no valid REP

JGD_USC

Registered Users (C)
Hi All,
Background: I got GC in Sept 2009, stayed in US till July 2010. Staying in India ever since, since my husband got N470 approved(thanks to the help and advice of so many gurus of this forum - Jackolantern, Bobsmyth and many others) and works from India for a US company ever since (even now, thank God for that). Hubby got his citizenship two years back. All these years, we have been visiting US once a year for 1-3 months and also have been maintaining re-entry permit all long(N470 was approved for me too).

However last year I was in US for a month from April to May 5th, 2016. I did apply for reentry permit, but couldnt complete finger printing before exiting US, so the application got denied. My previous REP was valid till Aug 2016.

So, I have been out of US for 11 months now, counting from May 5th 2016. Currently, we are planning a trip to US for 6 weeks, from April to May. I am worried whether I will have problems at immigration check, since I dont have a valid REP anymore. Though I have not overstayed one year, I am living in India (since my hubby works from India for a US company). Will they let me in without any problem, if I tell them honestly that yes, I am living abroad, but thats because my husband works in India and as a family, we want to/have to stay together. My kids attend school in India. We go to US during Summer holidays here.

I am maintaining my bank account and drivers licence in US, but we dont have any apartment there. Have given a friends address for communication.

Please advice. Should I surrender GC, apply for visitor visa and travel to US? Will I get visitor visa atleast???

Or can I come to US this time without any worries using GC itself and apply again for REP???

Kindly advice ASAP. Thank you so much. Namaste! God bless you all!
 
Hi All, Kindly please give your valuable inputs.
As far as I understand, the plus point in my cse is that I have not overstayed one year. But the minus point is that I have been living in India, though on approved REPs for a long time (6 years or so).....
Should I relinquish my GC and apply for tourist visa here??
 
Hi All, Kindly please give your valuable inputs.
As far as I understand, the plus point in my cse is that I have not overstayed one year. But the minus point is that I have been living in India, though on approved REPs for a long time (6 years or so).....
Should I relinquish my GC and apply for tourist visa here??

Hi JGD,

I'm not a lawyer or 100% expert on this situations but I recommend you visit this website for basic understating of international travel for green card holders. Keep in mind as well that the green card is not a super visa and the intention of a green card is to eventually live permanently in the United States. if you decided to surrender the GC then its your call but I would also recommend you get in touch with a U.S. Immigration lawyer for further advise and based on that you make a decision

USCIS Link: https://www.uscis.gov/green-card/af...nternational-travel-permanent-resident#abroad
 
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