green card holder return to home country

Z

zopak

Registered Users (C)
hello,

say i have a green card but i return to my country to stay there for long long time. and i come back to usa every 6 months to protect my card but they eventually take away my card.

when i go back to my country can i get a tourist visa to usa again? will it be more difficult, easier or will not matter the fact that I had green card before and it was taken away?

if i voluntarily give up my card at the usa embassy abroad, will they give me a tourist visa in return if i request it?
 
ketanco said:
is this a fact based on previous experiences or opinion?
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This is only common sense and not Official Policy. In practice however, many folks just like find that officially giving up greencards facilitates issuance of B-visas and continued annual "visits" for their real purposes of just visiting family and for vacations and business trips. Officially surrendering a greencard and completing form I-407 abroad and applying for a B visa (rather than being stripped of a greencard through a formal Removal Proceeding initiated by CBP upon entry) is solid evidence of "nonimmigrant" intent and purpose for that trip and future trips. It is always situational to the specifics of the case.


9 FAM 41.31 N15 LAWFUL PERMANENT RESIDENT (LPR) ISSUED NONIMMIGRANT VISITOR VISA FOR EMERGENCY TEMPORARY VISIT TO UNITED STATES
(CT:VISA-1150; 02-10-2009)

A lawful permanent resident (LPR) may, in some cases, need to get a visa more quickly than obtaining a returning resident visa would permit. For example: a permanent resident alien employed by a U.S. corporation is temporarily assigned abroad but has not necessarily remained more than one year and may not use Form I-551, Permanent Resident Card, in order to travel to the United States for an urgent conference and then return abroad. The alien has never relinquished permanent residence, has continued to pay U.S. income taxes, and perhaps even maintains a home in the United States. The alien may be issued a nonimmigrant visa for this purpose and Form I-551 need not be surrendered. The relinquishment of either of these forms shall not be required as a condition precedent to the issuance of either an immigrant or nonimmigrant visa (NIV) unless the Department of Homeland Security (DHS) has requested such action.


9 FAM 42.22 N1.10 Alien Employed Abroad by U.S. Employer
(CT:VISA-1377; 11-24-2009)

In the absence of contrary evidence, an alien employed outside the United States by a U.S. employer would not likely be considered to have abandoned U.S. residence. Although an alien who lives and works in a foreign country, but merely returns to the United States for brief visits periodically may still be found to have abandoned LPR status. Annual visits to the United States are no guarantee that LPR status will be preserved.

SB-1 cases see: http://www.state.gov/documents/organization/87545.pdf

URGENT or EMERGENCY travel needed by an LPR who cannot wait for the SB-1 process may get a B visa and then return abroad for SB-1 processing:
SEE: http://www.state.gov/documents/organization/87206.pdf
 
Better surrender your GC with the USCIS as it will increase the chances of your getting a visa in the future. Do you intend to apply again for a new GC, if so it will be difficult to obtain, given the present treatment of your permanent resident status.
 
Returning greencard

Iam a green card holder. Now married to a us citizen.
For some reasons, I intend to surrender the green card instead of losing it, since Iam studing abroad. I don't want to quit my studies,but plan to travel back to us and join my partner after three years.He stays in us, but visit me quite often(every year) . what is the advice here, will l have problems getting a non immigrant visa?
 
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olyn said:
Iam a green card holder. Now married to a us citizen.
For some reasons, I intend to surrender the green card instead of losing it, since Iam studing abroad. I don't want to quit my studies,but plan to travel back to us and join my partner after three years.He stays in us, but visit me quite often(every year) . what is the advice here, will l have problems getting a non immigrant visa?
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Would it not be better to obtain a reentry permit? That would give you 2 years and then reapply for another reentry permit. This will save you all the troubles if you intend to go back. Even if second reentry is not granted you can visit inside six months and you should be fine as i do not think you will be warned the first time itself.

Experts what are your views?
 
returning GC

Dv2012AFTAZ said:
Would it not be better to obtain a reentry permit? That would give you 2 years and then reapply for another reentry permit. This will save you all the troubles if you intend to go back. Even if second reentry is not granted you can visit inside six months and you should be fine as i do not think you will be warned the first time itself.

Experts what are your views?
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Thanks for the option. I was thinking of re-entry permit yes,but I will be away for more than three years.
I can afford to travel every year or two to re-apply for another re-entry permit, but lam afraid of those people, even with prove that you are in the university abroad, they can still deny you second re-entry or take your card.
Can this option helps? Iam married to a US citizen, we got married a broad and now plan to wed in US.
we always travel togather and live togather, -whether abroad or in US. when I finally finish and we decide to move to us, can he petition for me?
 
You're going to get married in the US again? You mean you're going to have an unofficial ceremony?

You can get the re-entry permit a couple of times. If you travel with your US citizen partner, there's always a good chance you'll be allowed in. Abandoning the GC, applying for a visa and then re-applying for the GC again later is more costly. Give the re-entry permit a shot first, I think?
 
Re-entry permit

You can get the re-entry permit a couple of times. If you travel with your US citizen partner, there's always a good chance you'll be allowed in. Abandoning the GC, applying for a visa and then re-applying for the GC again later is more costly. Give the re-entry permit a shot first, I think?[/QUOTE]

Thanks for the answer. I think I will hold on to my CG and just use the re-entry permit whenever possible.
Yes we are already married in 2009. we registered our married abroad and we have a married certificate, but we now want to do the church wedding as we are christians.
We always travel togather with my husband, when in US or a broad. but we spent most of the time away since lam still studing.
 
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