Abandoned Green Card - how to re-enter US?

T

ToTheMoon

New Member
We need advice please: I am an European citizen came to the US on a religious worker visa in 2003. I overstayed but got married to a US citizen. So we filed for adjustment of status and I got a Green Card in 2009 while in the US. We did this to not get a 10-year bar because we have relatives in the US, but intended to move abroad. And so we moved to Latin America shortly after receiving the GC. We did not work since then. Now a new life situation has arisen and out of family reasons we are thinking about going back to the US. We live outside the US since 19 months. What are our options?

1. Can I go back to the US retaining my GC (is it possible to apply for a re-entry permit from Latin America? How likely would it be approved? Is it costly?)
2. Should I turn in my GC at the local US embassy?
3. Can I return on a Visa Waiver form Latin America to the US? And if so, could this visa be extended?
4. Could I re-apply for a new GC from Latin America?
5. Could I re-apply for a GC from within the US on a Visa Waiver?
6. Would it be better to re-apply for a GC from my home country?
:confused:

Thank you for your time and help!
 
IF you can build a convincing case, an SB-1 "Returning Resident" visa can be applied for at the consulate or emabssy. From the sound of things, that would probably fail.

You can re-immigrate on a new petition if someone can file one for you.

Your USC spouse can file the I-130 at the consulate because of having a residence abroad. The spouse will have to move back to the U.S. to satisfy the I-864 requirements. Unless you have a ton of money in the bank, your pouse may need joint sponor(s).
 
Thanks for the quick reply, BigJoe5.

Could I enter and live the US along with my husband while he is filing for me?
Do I have to turn in the GC before entering the US?

We both applied for residency in Latin America (pending). Does this impact the situation in any way?
 
ToTheMoon said:
Thanks for the quick reply, BigJoe5.

Could I enter and live the US along with my husband while he is filing for me?
Do I have to turn in the GC before entering the US?

We both applied for residency in Latin America (pending). Does this impact the situation in any way?
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At least inquire at a consulate about the SB-1 visa first.

Immigration from abroad (rather than adjustment that you did in the U.S. is multi-layered). Your spouse files the I-130 with the U.S. consulate over there because of being resident over there. Look up their website for filing info and steps after that. You do medical and police clearance and interview abroad, get an Immigrant Visa and then come to the U.S.

IF you are refused a Returning Resident Visa (most likely) they will have you complete a form I-407 and lift your old greencard. AFTER returning to the U.S. you get a new greencard.
 
IF you are refused a Returning Resident Visa (most likely) they will have you complete a form I-407 and lift your old greencard.
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It could be, but this is not necessarily true.
After the refusal of the SB-1 (DS-117), one can be allowed to try again (new application, new fee, new process).

Also, according to FAM note on handling SB-1 claims ([state.gov/documents/organization/87545.pdf, "9 FAM 42.22 N10 VISITOR VISA ISSUANCE NOT RELINQUISHMENT OF RESIDENT STATUS" P 18), one, being an LPR in absence, can obtain a NIV and re-enter on the NIV.
I'm just guessing here (don't take this as an advise!!), if they let you in on the NIV and it happens so that the CBP officer misses the issue of your possible GC abandonment - you, perhaps are all set to go and continue your residence as it never happened.

And if you carefully read this note (state.gov/documents/organization/87545.pdf) , you'll see that there's no instruction to "have the applicant" to complete the I-407.
One can be forced to complete the I-407 most likely at the POE if attempting to re-enter on the "abandoned" GC

FYI :
gani.com/public/immigration/forms/fieldman.pdf (I-407 at the POE)
aila.org/content/fileviewer.aspx?docid=31575&linkid=216605
 
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Need very urgent answer. I could not find any info anywhere related to this SB-1 returning resident.

A person applied for SB-1, got approved and then proceed to DS-230 form. The day of the interview, the consular rejected the immigrant visa and insisted that the person must file I-407 Abandoment of green card to surrender her current green card and then bring that document to the consular for immigrant visa reconsideration.

I could not find any info whether the SB-1 applicant must surrender the Green card to get a returning immigrant visa.

Can someone shed the light on this issue?
 
That sounds strange. I-407 is not a standard part of the SB-1 process. Perhaps the officer misunderstood the situation, thinking that the person was applying for a regular immigrant visa instead of a returning resident visa.
 
Jackolantern said:
That sounds strange. I-407 is not a standard part of the SB-1 process. Perhaps the officer misunderstood the situation, thinking that the person was applying for a regular immigrant visa instead of a returning resident visa.
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Thank you. What do you think the harm would be if the person filed I-407 to abandon the GC as consular officer insisted,

1. and the person gets a new immigrant visa to enter the US. Does this mean the person will have the new GC alien registration number then when the person travels to the USA.

2. but the person does not get a new immigrant visa, what next for this person?
 
This sounds odd, something is not right about this. I suggest you consult with an attorney.

Can you also clarify on the "insisted that the person must file I-407"?
What does the "insisted" mean here? Did consular officer clearly offer to file the I-407 in exchange to a new immigrant visa? What was the exact argument?

I am not an attorney myself (do not take any of my words as a legal advise), I'm just going through the similar process myself, but I think that filing the I-407 means the acknowledgement of abandoning (renunciation) of the LPR status and that contradicts with what the SB-1 applicant initially claimed in the application to reinstall the LPR status.

If I was asked at the interview to file the I-407, I'd probably say something that goes along with the claim - I never had an intention to abandon the LPR status nor I have now.
 
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I remember a case (can't find it now) where somebody with a green card left the US for years, but didn't officially surrender their GC. Then one day they decided to move back to the US, and had their USC son or daughter file for them with a new I-130 and all of that. At the interview, the IO noticed the person had a GC that hasn't been used for years but it also hasn't been cancelled, so the IO said the person should file I-407 to cancel the old card before the new immigrant visa can be issued.

The IO mentioned by aznman probably was operating as if it was a scenario like this, where the person is filing for an immigrant visa based on an entirely new petition. I would recommend reapplying for the immigrant visa, explaining that it is not a case of an old GC being abandoned and replaced with a new petition, it is a case of wanting to resume permanent residence. Hopefully your friend will get another IO who isn't so confused.
 
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