Renew reentry permit or abandon green card?

[jdpapas]

Hello,
I am a U.S. citizen residing in Japan for the past 5 years. My wife is a Japanese citizen with a US green card, and has successfully renewed a reentry permit twice.

She is planning on applying for a 3rd re-entry permit, but I'm aware that the risk of the application being denied increases the longer she is away from the US. Although my wife and I do travel back to the US once a year, it is usually only for a few weeks.

We may eventually return to live in the US, but for the next 1-2 years at least, we plan on continuing to live in Japan.

Assuming she can continue to get re-entry permits, no problem. However, I'm worried about the case where she eventually is denied.

• I assume the next time she visits the US, she will need to surrender her green card, correct?
• If we do decide to relocate to the US after that point, we will need to start the entire green card application process from scratch, right?
• Will having her original green card revoked negatively affect her application?
• Will the fact that she had a green card previously make the application process smoother?
• Is this a relatively straightforward case, or should I really consult iwth an immigration lawyer?

Thanks!

 

[namecheckvictim]

The third RP is only valid for a year.
If you are a USC then surrender the GC and apply for it again when you decide to come back.
Yes you have to start the GC aplication from scratch.
Obviously revocation has a negative impact then turning it in yourself.
It will make it easier for processing the next time she applies for a GC as her A-File would have been already established with proof of relationship etc and is less likely to be investigated.
Use form I-407 to surrender her GC.
This is a straight forward case, no need for attorney.

I will advice to turn in the GC and apply again when needed, since you guys come for few weeks in a year anyway, as a Japanese citizen she can visit US under VWP for 90 days.

 

[BigJoe5]

jdpapas,

What is the reason for living in Japan? If it is due to YOUR employment for the U.S. government, a U.S. owned Company, U.S. institute of research, a public international organization or other employer described in INA 316(b) there may be something else to consider. Her expedited naturalization. If that is not an option, she may as well just surrender the card and you can re-immigrate her later.

P.S. If you have any children, register them at the U.S. Consulate.

 

[jdpapas]

Good to hear we shouldn't have any trouble visiting after surrendering the green card, and that reapplying for a new green card should be straightforward if/when we decide to relocate.
My living in Japan is due to my employment in a subsidiary of a U.S. company, however, naturalization is not really an option for her, as Japan doesn't recognize dual citizenship, and she's not ready to abandon her Japanese citizenship for various reasons.
Thanks for the advice!

 

[Jackolantern]

Assuming she can continue to get re-entry permits, no problem. However, I'm worried about the case where she eventually is denied.

I assume the next time she visits the US, she will need to surrender her green card, correct?

You mean visiting the US after the reentry permit is denied? It would be advisable, although not mandatory, to surrender the GC at a consulate after the reentry is denied, or after receiving a warning at the US port of entry about staying outside the US too much, since either situation is a sign that they are planning to initiate revocation of the card at her next entry. Better to surrender it than have them revoke it.

If we do decide to relocate to the US after that point, we will need to start the entire green card application process from scratch, right?

Yes.

Will having her original green card revoked negatively affect her application?

If revoked for staying outside the US too much (i.e. not for fraud or criminal activity), it won't negatively affect her next green card application. However, if the card is revoked, it would be more difficult for her to enter the US in tourist status. But if she surrenders it of her own initiative, she'll likely be let back into the US easily as a tourist.

Will the fact that she had a green card previously make the application process smoother?

Not really. All the steps of the process will be the same as if you've never done it before; they won't let you skip anything because of having the GC before. The only thing that might be easier is the interview, as your established history means the interviewer won't doubt that you have a bona fide marriage. But given the length of your marriage (over 5 years?) the interview will be easy anyway regardless of whether she had a GC before.

Is this a relatively straightforward case, or should I really consult iwth an immigration lawyer?

No need for a lawyer, unless they take away her green card at her next entry to the US and she has to see an immigration judge.

 

[jdpapas]

Thanks again for all the great advice.
If/when we do get denied for the re-entry permit, we'll do the proper paperwork to surrender the greencard at the embassy in Japan, rather than at the port of entry. I hadn't considered the difference before, so I'm definitely glad I posted the question here!

 

[GCman2005]

It is hard if she is married to a USC to get her green card revoked. All she need to do is to apply a for reentry permit and explain that she cannot at the moment live in USA because of her husband working oversea........blabla.

I advise the husband to travel with her when she is coming in usa.

Only an immigration judge can revoke her green card which I strongly beleive will not happen.

Immigration have rules but there are some cases when you need to consider some other facts......

keep us updated.

 

[vandeluca]

Wow your situation is almost identical to ours..lol.. Just a different country. I am the USC.

I am just curious---Did you apply for the GC in Japan as they thought you 'intended' to go back to the US at some point? Did she ever spend any reasonable time in the US??

I am asking because about 15 years ago, we did the same (on our own, no attorney pre-9/11, etc) and applied out of country and got the card so easy..but we never executed it and we decided to stay/live out of the country (husband birthplace). He gave the card back at the embassy and was always a b-2visitor. Never any hassles.

Fast forward 12 years later and our child became ill so we spent a good part of the past few years in the US and applied for his GC. In 2012 he CAN get citizenship, siince we almost fulfilled the physical presence/continuouis residence..BUt..like you not sure in the next while to keep or give back..We too have a RE permit but actually am not really using it since we are in the US now (child had relapse)....

But back to subject, I guess techinically we applied from scratch in 2009, (much more detailed rules than before thanks to 9/11) and it was easy but they never asked us about the first time..Guess we proved everything was fine so no need to ask..One thing though, I wonder if you can have an agent at CBP that sees your wife coming in as a tourist/waiver and is there a certain stamp that would NOT let you apply once you are in the US....thikning that you may apply that way...

 

[BigJoe5]

Entering on a visa waiver is an extremely difficult position from which to apply for adjustment. They will take the fee and probably deny it and then make you go abroad to apply for consular processing. It is a very limited situation with real demonstratable "changed circumstances arising AFTER entry on a visa waiver" that would allow for sucessful adjustment. Most of the time, it is denied as having had an immigrant intent all along and having lied about it up front or simply calling it a "mistake" on the applicant's part, if you are lucky.