Returning Green Card

J

JohnSimmons99

Registered Users (C)
Hi,
I decided to return my GC. My concern is that if i want to come back to the US in future, would i be eligible to file for H1B visa and enter into the country again. Can it be rejected on some ground?

The reason for returning GC is because my wife and kid are back in India, so its of no use for me.

Can i go to any US embassy and return it?
Regards,
John
 
JohnSimmons99 said:
Hi,
I decided to return my GC. My concern is that if i want to come back to the US in future, would i be eligible to file for H1B visa and enter into the country again. Can it be rejected on some ground?

The reason for returning GC is because my wife and kid are back in India, so its of no use for me.

Can i go to any US embassy and return it?
Regards,
John
Click to expand...

OH YES U WILL BE DENIED.
Do not make that mistake, keep your green card and visit the US, at least once a year withing every 6 months interval. It sounds backwards to me to turn in a green card and then go back to apply for HIB, its about one of the worst mistake u can ever think of.
 
JohnSimmons99 said:
Hi,
I decided to return my GC. My concern is that if i want to come back to the US in future, would i be eligible to file for H1B visa and enter into the country again. Can it be rejected on some ground?

The reason for returning GC is because my wife and kid are back in India, so its of no use for me.

Can i go to any US embassy and return it?
Regards,
John
Click to expand...

Get a Reentry Permit (REP) and use it if you want. If you don't use it your GC will automatically expire in 2 years. You don't have to do a thing.
 
godisgoodtome said:
OH YES U WILL BE DENIED.
.
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May Not be exactly .
It depends on many other factors.
Even while you visit US consulate to return the GC you can request even for Visitor's visa same time.(check this is mentioned in few consulate websites -i do not remeber now which are,but it was there).
But the ultimate out come depends as usual how you can convince the IO as in the case you are applying vsitor visa for the first time.
So some perils are there.
But H1b is 'dual intent visa 'and by that it has more chances to succeed.
Once he gets his H1 again he can even reapply green card here in 'emp category' and should not cause any problem!
But before 'surrendring' GC,one need to think carefully whether it really helps the purpose.
 
JohnSimmons99 said:
Hi,
I decided to return my GC. My concern is that if i want to come back to the US in future, would i be eligible to file for H1B visa and enter into the country again. Can it be rejected on some ground?

The reason for returning GC is because my wife and kid are back in India, so its of no use for me.

Can i go to any US embassy and return it?
Regards,
John
Click to expand...
Big Mistake. My parents returned the British passport back in the 70's cause the believed it represented a colonial oppression and felt they needed to express their freedom.
Right now, theyknow better beaue of the trouble they went through getting it.
You need to refocus you thoughts on the future and not now. Fine you could reapply for H1 wheneever in the future. What about your kids? you want them to go through this process again?
But ultimately, it is still your call. But think well...
 
Reapplying GC

What if i plan to return and reapply for my wife's GC. Here is my story: I came to the US on H1-visa and my wife later accompanied me on H4-visa. My wife's joined my I-485 application while she was in the US. I got my green card but due to some personal reasons we had to move back to India for some time and i had to cancel her green card application in the middle of processing. Her green card processing was canceled in April 2005.

Now we want to move back to the US. I hold valid GC. I am wondering what would be the process to re-initiate my wife's GC. I also have around 2 yrs daughter who is born in India. How long it will take to get her GC.
 
AGC4ME said:
Get a Reentry Permit (REP) and use it if you want. If you don't use it your GC will automatically expire in 2 years. You don't have to do a thing.
Click to expand...

But having GC abandoned by himself is strong sign that he no longer has immigration intent. It probably helps to get non-immigrant visa other than H/L.
 
JohnSimmons99 said:
What if i plan to return and reapply for my wife's GC. Here is my story: I came to the US on H1-visa and my wife later accompanied me on H4-visa. My wife's joined my I-485 application while she was in the US. I got my green card but due to some personal reasons we had to move back to India for some time and i had to cancel her green card application in the middle of processing. Her green card processing was canceled in April 2005.

Now we want to move back to the US. I hold valid GC. I am wondering what would be the process to re-initiate my wife's GC. I also have around 2 yrs daughter who is born in India. How long it will take to get her GC.
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When once u return u're green card its like telling the USCIS that u do not want to be here no more except of rbusiness or visting, so next time u aply u will have to go through mor huddles to get to where u are now.
Why can't u just keep u're card, except there is something more serious going on with u're records or the law that we do not know about.
 
There are a couple of critical information missing in his situation.
Where is he living now, and how old is his daugheter ?

His wife is eligible to FTJ, no problem, however, his daughter may not be able to get PR status if she is over 2 years old, assuming she's never been to ths US. Then if he wants to live in the US, he has to choose whether he comes alone and live separately from his daughter for another 5 years til he got citizenship(if you are already away from the US long enough), or he goes back to H1 status and bring whole family with H4. Whichever way he goes, it's not easy.

So, how old is your daughter exactly ? And where are you living right now ?
 
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Return the GC, and then apply for a visa? I'm sorry, but this is plain stupid. First of all, I don't think there is an option to "return GC". Why would you do that? If you don't want to stay here, just go back to your country and do whatever it flows best for you. You can wait till you will be eligible for citizenship, and then get your family here. Just remember, you have choices here, and the wrong ones can hurt your life.
 
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GotPR? said:
There are a couple of critical information missing in his situation.
Where is he living now, and how old is his daugheter ?

His wife is eligible to FTJ, no problem, however, his daughter may not be able to get PR status if she is over 2 years old, assuming she's never been to ths US. Then if he wants to live in the US, he has to choose whether he comes alone and live separately from his daughter for another 5 years til he got citizenship(if you are already away from the US long enough), or he goes back to H1 status and bring whole family with H4. Whichever way he goes, it's not easy.

So, how old is your daughter exactly ? And where are you living right now ?
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Well i am in the US currently. My daughter will be two yrs in Sept.
John
 
I think you should talk to a lawyer.

what is not clear to me about is your daughter's eligibility to LPR.
Reading the words from 8 CFR 211.1, "child born during the temporary visit of a mother who is a lawful permanent resident alien", a mother(your wife) must be a LPR to make a daughtler eligible to visa waiver.
I'm not sure if 211.1 is applied exactly as it's described and also as realcanadian said it will be CP process which is not exactly the case with 211.1(Visa waiver), you had better confirm with professionals.

May be CP might be different for 2 years-old rule, but I remember I read the thread that someone applied for CP through family base, and kids younger than 2 year old got immigrant visa, but the eldest kid who was 3 or so years old could not get it.

Edit: OK, I found the thread.. It was not immigrant visa, but SB-1 returning visa. But the point is 2 kids got visa, but eldest who was 3 did not.
http://www.immigrationportal.com/showthread.php?t=242584&highlight=daughter

Talk to a lawyer ASAP.


8 CFR 211.1(b)
(b) Waivers . (1) A waiver of the visa required in paragraph (a) of this section shall be granted without fee or application by the district director, upon presentation of the child's birth certificate, to a child born subsequent to the issuance of an immigrant visa to his or her accompanying parent who applies for admission during the validity of such a visa; or a child born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child 's application for admission to the United States is made within 2 years of birth, the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent to the United States after the birth of the child, and the accompanying parent is found to be admissible to the United States.
 
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Yeah I agree, He needs to act fast. Talkt o good lawyer and file I824 ASAP.

As far my understanding daughter is eligible for follow-to-join process as well. Here's the procedure http://georgetown.usembassy.gov/guyana/immi_ftj.html

I heard that Mumbai Consulate is much faster than other consulates in India. For Mumbai Consulate they will process the application with out I824 Approval.
 
OK, I think both of daughter and spouse is eligible to FTJ.
Spouse is clearly eligible as they were married before GC got approved.
When it comes to daughter, if she was born before GC got approved, I'm sure she will be eligible.
If she was born after primary got GC..., getting back to the SB-1 thread, kids might be eligible to FTJ. The case in the thread was he has been out of the US since 1999, and they got kids after that. SB-1 was issued to those kids who were 2 years old or younger. SB-1 is kind of special immigrant visa and logically thinking, this FTJ should work in the same way as the case in thread when it comes to a daughter.

http://www.immigrationportal.com/showthread.php?t=242584&highlight=daughter
 
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well u leave the US to india or wherever and stay for more than 6 moths without rentry into the US, your card will be automaticlly deactivated, its the law its called abandoning your permanet reisdence for over 6 months. So if you really want to get rid if the card thats a very easy way to do it,,, BUT IF I WERE YOU I WILL NOT MAKE THAT MISTAKE. Read how folks suffer in this forum just to get that card.....
HEllo..oooooo???
 
godisgoodtome said:
well u leave the US to india or wherever and stay for more than 6 moths without rentry into the US, your card will be automaticlly deactivated
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That's not true. An absence of over six months triggers a few things (namely, inadmissibility criteria on return) and allows CBP to claim that residence has been abandoned, but it does not automatically lead to the loss of Permanent Residency.
 
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