Green Card Holder Returns

[manoji909]

Hi,

I was issued a GC in 96 (before i was 14). Due to personal reasons, my family and I ended up moving to Canada in 99 where we applied for our Canadian citizenship. We closed the chapter on our GC until I got married to an H1 holder in USA. I moved back to US in March 2006 and recently applied to renew my GC. I recieved my new GC without any problems surprisingly considering I was out of the country for over 6 yrs.

However, I went back to Canada (on my Canadian passport) for a visit in May 2006 and there was a problem resulting in my recieving an H4 visa. The customs officer did not mention anything about my GC. I didnt mention my GC bcz I was scared that it would be cancelled on the spot whereas I wanted to renew it. So I entered the US on my H4 and applied for GC renewal which was processed.

My question is that will having an H4 on my Canadian passport create any problems for my American status? Is my H4 even valid or is it automatically void once I obtain legal status in USA? If i apply for my husband's travel papers based on my GC, how long will it take apprx?

Waiting anxiously for advice,
manoji909

 

[baikal3]

Hi,

I was issued a GC in 96 (before i was 14). Due to personal reasons, my family and I ended up moving to Canada in 99 where we applied for our Canadian citizenship. We closed the chapter on our GC until I got married to an H1 holder in USA. I moved back to US in March 2006 and recently applied to renew my GC. I recieved my new GC without any problems surprisingly considering I was out of the country for over 6 yrs.

However, I went back to Canada (on my Canadian passport) for a visit in May 2006 and there was a problem resulting in my recieving an H4 visa. The customs officer did not mention anything about my GC. I didnt mention my GC bcz I was scared that it would be cancelled on the spot whereas I wanted to renew it. So I entered the US on my H4 and applied for GC renewal which was processed.

My question is that will having an H4 on my Canadian passport create any problems for my American status? Is my H4 even valid or is it automatically void once I obtain legal status in USA? If i apply for my husband's travel papers based on my GC, how long will it take apprx?

Waiting anxiously for advice,
manoji909

I think that you might be in serious trouble regarding all your future immigration applications and you definitely need to talk to an immigration lawer ASAP.


There are many things that are not clear from your post (such as which status you claimed when reentering the U.S. in March 2006 and when exactly you filed the form I-90 for GC renewal). However, it is clear that after your 6 year absence from the U.S. you have lost your U.S. permanent resident status, regardless of the expiration date on the GC itself.

I don't know if you broke any rules by not mentioning your prior GC status to the immigration officer when you entered as H-4.
Certainly, permanent residents are not allowed to enter the U.S. in a non-immigrant visa status, such as H-4, and you cannot have both an immigrant and a non-immigrant status at the same time.

I think that you did commit fraud by applying for a GC renewal (form I-90) this year when you were clearly not entitled to that status and you were no longer a permanent resident of the U.S. at the time you submitted I-90. Even worse, if you filed I-90 after being admitted in H-4 status, you most definitely lied on I-90 by claiming to be a permanent resident.

You might not get caught now, but in the long run these problems might catch up with you. So I strongly suggest that you talk to an immigration lawer now, explain your situation honestly and see how to extricate yourself from this mess.