My father was recently given greencard. He travelled to India and came back to US. At US entry he simply handed his passport with a previous valid B2 visa (forgot to mention greencard). He was given entry as a B2 visitor rather than a permanent resident. What are the implications of this error and what do we need to do ?
how to correct this error
- Thread starter akgoel
- Start date
TheRealCanadian
Volunteer Moderator
My understanding is that entering using a non-immigrant visa after obtaining permanent residence is deemed abandonment of permanent residence. This is something that you want the services of an expert, not an internet forum.
Why was the visa not canceled when the GC was obtained?
Why was the visa not canceled when the GC was obtained?
Do not delay in correcting this or it will work against him.
If you have a lawyer you trust and who won't rip you off, call ASAP. (S)he should just tell you to find you local CBP Office or even a POE if that is the closest. A simple letter of explanation from the lawyer (or you or dad) stating it was a simple mistake.
They will wonder how it happened so, I am guessing that there was a language barrier?
Normally, when one enters as a B, they are asked at least a couple of routine questions about the reason for the trip.
A greencardholder stating that they are just "on vacation" or "visiting" and entering on a B visa without another thought (rather than saying I'm on my way home or returning from vacation or a business trip, etc...) does not look too good.
If you have a lawyer you trust and who won't rip you off, call ASAP. (S)he should just tell you to find you local CBP Office or even a POE if that is the closest. A simple letter of explanation from the lawyer (or you or dad) stating it was a simple mistake.
They will wonder how it happened so, I am guessing that there was a language barrier?
Normally, when one enters as a B, they are asked at least a couple of routine questions about the reason for the trip.
A greencardholder stating that they are just "on vacation" or "visiting" and entering on a B visa without another thought (rather than saying I'm on my way home or returning from vacation or a business trip, etc...) does not look too good.