Problems I can face if cancel GC interview?

[Hannah7]

Hello.

I'm still not sure whether GC is good for me at this time. I may need gc later, but also I may not need it later, never... still indecision

So I just wanna ask you, what would happen if I called to consulate to stop the process. Just few weeks before interview.

May I be ineligble for non-immigrant visa?

 

[LucyMO]

You are already ineligible for non-immigrant visas, since you have shown immigrant intent. Cancelling your interview will not have any negative effects. It may, however, show that you have abandoned your wish to immigrate.

 

[Johnkent]

Hello.

I'm still not sure whether GC is good for me at this time. I may need gc later, but also I may not need it later, never... still indecision

So I just wanna ask you, what would happen if I called to consulate to stop the process. Just few weeks before interview.

May I be ineligble for non-immigrant visa?

Since you don't think u might be moving to the states, u might wanna let others who need the visa to get it.
U probably are doing very well in your home country and don't see any reason to be here and i can see your point.

 

[Hannah7]

Thank you both !

LucyMO: it gives sence, that if you don't have an immigration intend, you should be ok for non-immigrant visa ... but other problem is if it's also so clear for staff on the embassy , because they still have record that you filed DS230 in past

Johnkent: well , green card for USA is something valuable, that nobody has easy to obtain! I am pretty young so I am thinking about next years ...
To be honest, now it's not the best time for me to move to USA permanently, because a lot of reasons, but on the other hand I like America, and it may be pity not to try to live there!

I'm from central EU. You can have the same salary in EU as in USA. You can do well in both regions in real! Life standard is almost equal in EU and USA in most aspects. So GC is not existencional matter for me it's just the most easiest way how to learn&try sth new and mainly legal way.

Still USA is USA ... i would like to try it for sure and maybe live there, but on the other hand it's not too important that I would give up my unfinished bachelor degree just to move quickly to USA without having problems with later immigration to U.S.

So I don't know yet whether it is good reason to keep gc if ain't definitively decided to live permanently in the U.S. If I had gc and wouldn't move to USA in future I also wouldn't like to risk my prospective pure tourist travels USA.

This is why I am thinking about it a lot ...

Thank you a lot for everything

 

[levelheaded]

Thank you both !

LucyMO: it gives sence, that if you don't have an immigration intend, you should be ok for non-immigrant visa ... but other problem is if it's also so clear for staff on the embassy , because they still have record that you filed DS230 in past

Johnkent: well , green card for USA is something valuable, that nobody has easy to obtain! I am pretty young so I am thinking about next years ...
To be honest, now it's not the best time for me to move to USA permanently, because a lot of reasons, but on the other hand I like America, and it may be pity not to try to live there!

I'm from central EU. You can have the same salary in EU as in USA. You can do well in both regions in real! Life standard is almost equal in EU and USA in most aspects. So GC is not existencional matter for me it's just the most easiest way how to learn&try sth new and mainly legal way.

Still USA is USA ... i would like to try it for sure and maybe live there, but on the other hand it's not too important that I would give up my unfinished bachelor degree just to move quickly to USA without having problems with later immigration to U.S.

So I don't know yet whether it is good reason to keep gc if ain't definitively decided to live permanently in the U.S. If I had gc and wouldn't move to USA in future I also wouldn't like to risk my prospective pure tourist travels USA.

This is why I am thinking about it a lot ...

Thank you a lot for everything

So true, for better or the worse..

 

[plus07]

Thank you both !
Still USA is USA ... i would like to try it for sure and maybe live there, but on the other hand it's not too important that I would give up my unfinished bachelor degree just to move quickly to USA without having problems with later immigration to U.S.

So I don't know yet whether it is good reason to keep gc if ain't definitively decided to live permanently in the U.S. If I had gc and wouldn't move to USA in future I also wouldn't like to risk my prospective pure tourist travels USA.

First, don't feel like you have to committ to live in the US forever. I think it's perfectly ok to get your GC, try to live in the US for a few years, and see if it is the right thing for you. You never really know what kind of life you will want 5-10 years from now. Maybe you will want to live in the US all the time, maybe you will want to live in the US and spend the summers in Europe, maybe you will want to return to Europe permanently.

What is known is that it's really hard to obtain permanent resident status in the US. Even if you have a Ph.D. degree from a top American university, US employers will usually first hire you on a H1B visa, and then sponsor you for a green card 3-4 years later if you do well. The process will then take 1-3 more years before you finally get your green card. People with regular university (B.S.) degrees have been waiting for 3-6 years, even after finding an sponsoring employer.

On the other hand, you can get your green card in a few months. You will always have your European citizenship to fall back on. And after 5 years as a permanent resident you can apply for US citizenship.

Living here (say in San Francisco or New York) can definitely be a great experience. But I think in your situation you should think about your education first. The US is full of opportunities, and these opportunities are the better for young people who have degrees from US colleges; the opportunities are really great for young people who have degrees from top US colleges.

What you can do is transfer from your university to a US college. It will be very very competitive to transfer to a school such as Stanford, depending on your educational accomplishments. It will be easier to transfer to a state school such as UCLA, University of Illinois at Urbana-Champaign, or University of Texas at Austin.

Unfortunately, the transfer application deadlines are now largely over. So you would have to apply for transfer admission next year. What you can do in the meantime is enroll in a community college (or similar college) for a year, to prepare for applying as a transfer to a school such as UCLA next year. It will be much easier to be admitted and to obtain financial aid as a permanent resident. Permanent residents are treated as US citizens almost always.

Here are some more details if you decide to do it:

If you move to California (or another state) as a permanent resident, you will be considered a state resident, and will be eligible for significantly lower tuition at state schools (e.g. at UCLA you would avoid the $19,068/year out-of-state tuition).

Check the residence requirements for state schools before you make a plan where to move. A good starting point for your plan is to move to California, establish California residency, and then apply for transfer to University of California schools (as well as private schools such as Stanford, Cornell, etc). University of California has a number of campuses, from very good ones such as UC Berkeley, to good ones such as UCLA, to ... more relaxed ones.

You have to decide if you want to turn your life upside down and transfer to an American university and go for this opportunity. A lot depends on where in Europe you are and in what kind of university.

• For example, if you are a top student at TU Berlin and want to apply for a Ph.D. afterwards, it doesn't make sense to transfer. You are likely to be accepted into very good Ph.D. programs in the US after you graduate from TU Berlin anyway.
  
• But if you are a student at a regular state university in Poland (just an example) and you want to work for an interesting company after graduation, transfering could provide great opportunities for you.

So, think about education first, and keep in mind that having a green card really improves your opportunities for education in the US. Good luck!

 

[Hannah7]

Plus07: I thank you so much for your post !! It's great!

You're right. GC is hard to obtain and you can surrender GC at any time if you (I) want to.

Education first good ! Let me introduce my academic situation. It's not good idea to transfer to U.S. now, because only one year remains to finish my bachelor degree. So maybe I should be thinking about application for master degree in the U.S.

But still I am not sure whether I will take advantage of my GC because I've heard that it's not easy to become eligble for in-state tuition if you're freshman to a state.

So my plan will be as follows:

Go to the U.S. for a while this year just to establish residency (maybe in August). So after that I have one year to come back. And if I am lucky I should be already admitted next year to a master degree somewhere.

But I am aware I may face problems when coming back just after 10-12 months. Am I supposed to file a re-entry permit?

And anyway how is it likely (in my case) that I would be admitted back to the U.S. after, say, 14 months providing fact I possess a reentry permit? (but in fact no real ties to the country yet)

 

[LucyMO]

when you go to graduate school, usually you are eligible for an assistantship that will cover your tuition (it varies, of course).
But, you should consider studying the first year part-time only, because full-time load in the first year will indicate that you will be in the state for education purposes only, and not to establish residency.

 

[plus07]

Education first good ! Let me introduce my academic situation. It's not good idea to transfer to U.S. now, because only one year remains to finish my bachelor degree.

It depends. Where is your degree from and in what? (You don't have to reveal specifics if you don't want to.)

So maybe I should be thinking about application for master degree in the U.S.

But still I am not sure whether I will take advantage of my GC because I've heard that it's not easy to become eligble for in-state tuition if you're freshman to a state.

It's not easy, but is doable if you plan ahead. As LucyMo says, usually the requirement is that you've lived in the state for a year without being a full-time student. You'll need to pick a state and stick to it - California is probably the best choice here because it has a large and diverse state educational system.

For graduate students, you may be able to get a research or teaching assistantship, which will pay your tuition and a small stipend. These mostly go to Ph.D. students, but sometimes there are some for Master's students as well. As LucyMo says, it depends on the school.

So my plan will be as follows:

Go to the U.S. for a while this year just to establish residency (maybe in August). So after that I have one year to come back. And if I am lucky I should be already admitted next year to a master degree somewhere.

This sounds like a good plan too. Here are a few things to keep in mind:

• Unlike continental Europe, school quality varies widely (or should I say wildly) here. You should expect to work hard to research schools. I would compile a list of maybe 10-15 schools: say 4 decent schools, 4 good schools, and 4 very good ones.
• It's really important to get into the best university you can. Immediately after graduation, your opportunities will depending on your degree and the reputation of your school. (This becomes less of an issue as you grow older.)
• It may be more difficult to gain admission if American school officials haven't heard about your university or degree. I am not talking about all kinds of formal "accreditation" programs. If the admissions committee doesn't know anything about your university, it's going to look for factual information (such as previous students, your other accomplishments) to figure out how good your university is. Scoring great on the GRE general and GRE subject tests helps some.

 

[scooby-doo]

Hello.

I'm still not sure whether GC is good for me at this time. I may need gc later, but also I may not need it later, never... still indecision

So I just wanna ask you, what would happen if I called to consulate to stop the process. Just few weeks before interview.

May I be ineligble for non-immigrant visa?

Dude,

you know how many people would give an arm and a leg for a green card. Go to the interview and get the GC. Come to the US and spend a couple of years. If you don't like it go home after that.

 

[plus07]

So my plan will be as follows:

Go to the U.S. for a while this year just to establish residency (maybe in August). So after that I have one year to come back. And if I am lucky I should be already admitted next year to a master degree somewhere.

But I am aware I may face problems when coming back just after 10-12 months. Am I supposed to file a re-entry permit?

And anyway how is it likely (in my case) that I would be admitted back to the U.S. after, say, 14 months providing fact I possess a reentry permit? (but in fact no real ties to the country yet)

I've decided to answer the immigration questions in a separate message. Also, I'm not a lawyer, I just speak from my personal experience - you may want to talk to an immigration lawyer for advice on how to proceed in your specific case.

I would establish real ties to the country. Just having a green card (or green card + reentry permit) is not enough to maintain your permanent resident status, even if your absence was short (e.g. 9 months). You need to show that you have real ties to the US, intend to remain in the US permanently and starting in the immediate future, and your trip abroad was for a specific, temporary reason.

Some people get away with entering, not really establishing a residence, and then returning some time later. It depends on what kind of ties you have to the US, how long you've been away, and for what reason. Some people really push it, and get their permanent residence revoked (google Zeba Moin, et al. v. John Ashcroft).

I don't know where exactly the threshold is, and a lot will depend on the immigration officers who process you when you return. I guess they will look carefully at your situation when you return, given your short initial stay and long absence. What is known is that if you follow the rules, have real ties to the US, intend to remain here, and your trip was for a specific temporary reason, you'll be safe.

Here is what I would do:

• Arrive here as soon as you can. My guess is that your school year ends in late May?
• Get a job, and stay here until the next school year starts (September?).
• Apply for a reentry permit.
• Return as soon as your final school year ends (next May?). This way you will be gone for only 9 months. (I would apply for a reentry permit anyway, just in case.)

Start working hard on finding a job in your field now - otherwise you may end up spending the summer working at Starbucks. It's going to be difficult but not very difficult - you'll be a permanent resident, and summer jobs for college students (internships) are not as hard to find as full-time jobs.

When you get here, get a US driver's license, open a US bank account, get a library card, etc. Next April, make sure you file your US resident tax returns (you can do this from your home country). Maintain a place to live in the US while you're gone - this could be a relative or good friend in the US who can receive your mail and will let you stay at their place when you return, until you get your own place.

All this will help demonstrate your ties. Your also have a clear and temporary reason for your absence - you needed to complete your last year of college. So things should work out.

Good luck! (And keep in mind, I'm not a lawyer. )

 

[Hannah7]

Thanks a lot! Good and valuable information.

Assume I return to the U.S. after 9 months just with GC. What will happen if officer is not satisfied with my ties to America? He/she can just send me back to Europe?

Actually, I didnt see any post from anybody who was denied entry, maybe I am blind

 

[plus07]

Assume I return to the U.S. after 9 months just with GC. What will happen if officer is not satisfied with my ties to America? He/she can just send me back to Europe?

Most likely, the officer would refer you to secondary inspection, which means you'll be asked more detailed questions by one or more immigration officers, usually in a different area from the main immigration / customs line.

I am not sure what exactly happens in such cases, but here is an example from Zeba Moin, et al. v. John Ashcroft. I am quoting just some fragments and the bold emphasis is mine. You can find the full decision here.

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

...

Zeba Moin and her minor son, Moiz Ullah, appeal the ruling of the Board of Immigration Appeals (BIA), which affirmed an immigration judge’s holding that Zeba Moin abandoned her lawful permanent resident status and is, therefore, an inadmissible alien subject to exclusion and deportation. We AFFIRM.

In August 1991, Zeba Moin, a native and citizen of Pakistan, was lawfully admitted for permanent residence in the United States as the unmarried daughter of a permanent resident father. Two months later, in October 1991, she left this country to return to Pakistan. Over the next fifty-four months, Moin made several trips between the two countries. During that period, her total stay in this country was approximately six months. On February 2, 1996, Moin returned to the United States from her latest trip, accompanied by her son, Moiz Ullah. She had left Pakistan on a round-trip airline ticket with a return date of May 29, 1996. Upon her arrival in the United States, she presented her permanent resident card and Pakistani passport to the primary immigration officer at Houston Intercontinental Airport. She was then referred to secondary inspection to process her son for admission. The secondary officer deferred her inspection to the INS Houston District Office because of the length of time she had spent outside the United States. An INS inspector ultimately concluded that Moin had abandoned her status as a lawful permanent resident and was therefore inadmissible to the United States. After hearing several days of testimony from the INS inspector, Moin, and Moin’s family, an immigration judge agreed that Moin had abandoned her lawful permanent resident status in October 1991 and ordered Moin and her son excluded and deported from the United States. This order was affirmed by a single member of the BIA, without opinion, in May of 2002. This timely petition for review followed.
​

Actually, I didnt see any post from anybody who was denied entry, maybe I am blind

People who loose their green cards usually don't feel like going on forums to discuss their "experience".

Think whether you want to "push it" and risk loosing your green card, when you can follow the rules and be safe with just minor changes to your plans.

 

[Tazmania]

Over the next fifty-four months, Moin made several trips between the two countries. During that period, her total stay in this country was approximately six months.

Hannah7 is talking about only 9 month and not about 4,5 years.

 

[plus07]

Hannah7 is talking about only 9 month and not about 4,5 years.

This is just an example. She wanted to know what happens if they decide that you do not have ties to the US.

If you enter for only a few days, do not establish any ties, and then are gone for 9 months, they could decide that you've abandoned your permanent residence. You could also get away with it - I am sure there are people who got away with it.

In her position, I would not take this risk. I would simply stay here for the summer, establish a residence, and form lots of ties to the US. Better safe than sorry.

 

[plus07]

Assume I return to the U.S. after 9 months just with GC. What will happen if officer is not satisfied with my ties to America? He/she can just send me back to Europe?

P.S. Even if you are only gone for 9 months, I suggest you apply for a reentry permit. It's not required for 9 months, but it establishes your intent to return, so it should help.

Good luck with your interview at the embassy.