Green card,POE

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teddy.roosevelt

Registered Users (C)
Hai

Can a Green Card holder travel under Visitor Visa?
At the POE,is there anyway they can find out that one is a Permanent Resident if they try to get into US through Visitors visa?
 
teddy.roosevelt said:
Can a Green Card holder travel under Visitor Visa?
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No. And why? Planning to borrow a green card holder's passport?

At the POE,is there anyway they can find out that one is a Permanent Resident if they try to get into US through Visitors visa?
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As part of the green card process, they invalidated the visitors visa in their computer system. The computer will show that the visa is not valid, and the individual is a permanent resident.
 
Even before fingerprints it was impossible. It is especially impossible now :)

I have noticed that such weird threads regularly appear on this forum. Typically started by people who have never posted before or who have very few posts. Are they bots? (please forgive my computer illiteracy)
 
Staying abroad more than one year

Triple Citizen said:
What exactly are you trying to do?
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I came to my home country in Jan 2009 and since then I am staying here.I got my GC in Jun 2009 and unfortunately I couldnt go back within one year to US.Now,its almost going to be 2 years since I left USA.Thatz why I was asking if I could go back using tourist visa since one should return within one year if they have GC.
My Question may be weird ,but I desperately want to come to US and I read some possibilties like Returning Resident visa which I heard is hard to get.
 
You have two options:

1) Apply for the Returning Resident Visa. June 2009 is only 16 months ago, which is much less than 2 years. If you genuinely had a difficult circumstance that prevented you from returning to the US, and you have documented proof (e.g. hospital records for yourself or a family member) you'll most likely get the visa. However, if it is rejected, your green card is dead and you won't be able to get a tourist visa. But if you have a USC spouse, they could file for a fresh green card and you would redo the whole GC process and return in 6-9 months.

or

2) Surrender the GC at the consulate with form I-407 and apply for a tourist visa. Unless you have a spouse or fiancee in the US, getting a tourist visa is usually very easy after surrendering the GC. You can even surrender it and apply for the tourist visa in the same visit to the consualte.
 
My GC was not given to me

Jackolantern said:
You have two options:

1) Apply for the Returning Resident Visa. June 2009 is only 16 months ago, which is much less than 2 years. If you genuinely had a difficult circumstance that prevented you from returning to the US, and you have documented proof (e.g. hospital records for yourself or a family member) you'll most likely get the visa. However, if it is rejected, your green card is dead and you won't be able to get a tourist visa. But if you have a USC spouse, they could file for a fresh green card and you would redo the whole GC process and return in 6-9 months.

or

2) Surrender the GC at the consulate with form I-407 and apply for a tourist visa. Unless you have a spouse or fiancee in the US, getting a tourist visa is usually very easy after surrendering the GC. You can even surrender it and apply for the tourist visa in the same visit to the consualte.
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The real situation is ,my spouse is not giving the GC to me.Can I tell the real reason to the USCIS to get the returning resident visa?
My spouse orders certain conditions to give the GC to me.
Thatz why I am not able to go back to US.If I tell the real reason,will that work?
Also,for ReturningResident visa,it says,at the time of departure from US,you should be a LPR which I was not.I got the GC in June and I came to my country in January.I really dont want to lose my GC.But,it seems that it is real difficult to enter USA since I have my finger prints recorded during my previous entry into US which clearly states my detail when I try to enter through some other visas.
 
So what is the full story? You applied for AOS (I-485) when you were in the US, and then the GC was approved when you were outside the US but you haven't been in the US since the approval?

Is your spouse inside or outside the US? Is your GC based on marriage? Is your spouse a USC?

Did you have Advance Parole when you left the US? Or an H1B/H4/L1/L2 visa? If you had AP or any of those visas, you could have returned without the GC. Upon arrival, the officer would realize you are a permanent resident and your passport would get stamped accordingly and you'd be allowed to enter.
 
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So,What should I do?Please help me

So,my chances of entering US is less since I have been outside US more than 12 months.I cannot apply for REturning resident visa which clearly states that one should be a GC holder while they were departing from US.I was not a GC holder when I departed US in Jan 2009 since I came under my travel document.Do I have to surrender my GC to the US Consulate in order to come back again to US through any non-immigrant visa ?Is this the only way for me to get rid of the problem ?
Please help
 
If you answer the above questions in post #9, along with explaining how your spouse got hold of your green card against your will, maybe I can figure out something.
 
Jackolantern said:
So what is the full story? You applied for AOS (I-485) when you were in the US, and then the GC was approved when you were outside the US but you haven't been in the US since the approval?

Is your spouse inside or outside the US? Is your GC based on marriage? Is your spouse a USC?

Did you have Advance Parole when you left the US? Or an H1B/H4/L1/L2 visa? If you had AP or any of those visas, you could have returned without the GC. Upon arrival, the officer would realize you are a permanent resident and your passport would get stamped accordingly and you'd be allowed to enter.
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Yes,I applied for AOS (I-485) when I was in the US, and then the GC was approved when I was outside the US but I haven't been in the US since the approval.
My spouse is inside US.My GC is based on marriage.My husband is not USC.
Yes,I had Advance Parole when I left US.
 
1) Is your GC based on marriage in the sense that your husband directly filed I-130 for you?
2) If (1) is not true, did he get an employment-based GC and then you qualified for a GC as a derivative?
3) If (1) and (2) are not true, did another relative file I-130 for your husband, and then you were the derivative?

(2) and (3) have more hope for your successful return. The first would require your husband's cooperation though.

I assume your Advance Parole expired long ago. You could have used it to return without the GC, if you tried to return before it expired.
 
I got GC under (2) option.My husband got employment-based GC and I got through him as a derivative.My Advance parole expired long back.
 
Then maybe you can get a new GC through the consulate via follow-to-join. Explain that you abandoned the I-485 by failing to return before the AP expired, and you never received your GC although you learned it was approved, so you want to pursue an immigrant visa through the consulate. But I'm not sure if this is possible, and I don't know what the process would be to coordinate with USCIS, NVC, and the consulate to move your case to the consulate, or if your husband or his employer would need to cooperate. You'll probably need to get a lawyer to figure it out.

Another issue is that the GC is yours, and it is illegal for your husband to hold it against your will. He must either send it to you, or give it to a individual authorized by you to take it. You should look into having the cops (accompanied by your friend, relative or lawyer) show up at his place to demand that he hand over the GC or have him arrested. As long as he holds it against your will, he is holding onto stolen property.

Why didn't you make any attempts to return last year? The length of time you waited is going to make it really difficult for any strategy to work. If you contacted the consulate shortly after your AP expired, and reported the GC as stolen, they might have given you a Transportation Letter to enable you to return to the US.
 
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