Surrender GC or wait and see?

[karen_hkny]

I have had a GC since 1987. I've spent a considerable amount of time working outside of US during the past several years, but have always managed to enter the U.S. every 6 months or less. I also maintain ties to U.S. with bank account, current driver's license, mailing address, and my parents + sister are all U.S. citizens. GC is set to expire in August '10. I am filing i-90 application for renewal now with a U.S. mailing address. I am currently outside of U.S. So my questions are:

* what could happen the next time I enter the U.S. (soon) and they notice that GC is due to expire and my pattern has been that I've been outside of U.S. for considerable amount of time - will they ask me to surrender GC?
* since I have no imminent plans of living/working in U.S. again, would it be wiser to surrender GC or should I await outcome of i-90 application first? If I get stopped at border and questioned, is it better to argue for my GC or is it better to surrender, and then re-apply in future when/if I move back to U.S.? In other words, if GC is 'taken away' at border, does that put me on some kind of 'black list' for the future, killing my chances of ever receiving work permit for U.S. again?

Sorry for all the questions. Hope somebody can advise.
Thanks.

 

[GCman2005]

If they notive someting, you ll be flagged !!!!
SInce you dont intent to live in usa, surrender the green card and get a visitor visa.
If GC is taken at the border, = killing your chances to visite again usa

 

[Jackolantern]

* since I have no imminent plans of living/working in U.S. again, would it be wiser to surrender GC or should I await outcome of i-90 application first?

If you showed up for fingerprinting and your I-90 application was properly filled out with supporting documents, they will approve the renewal unless you have a criminal record that disqualifies you.

They don't make GC abandonment decisions during the renewal process; those decisions are left to the officer at the port of entry, and the court proceedings triggered at the port of entry if things have to go to that level.

Having the renewed card in your hand doesn't mean you will be let into the US with it if the officer at the port of entry is aware of your travel history. So make up your mind whether you're going to surrender the card or settle down properly in the US, and act accordingly. Don't wait for the I-90 processing to be completed; you already know the result, which is that it the card will be issued.

In other words, if GC is 'taken away' at border, does that put me on some kind of 'black list' for the future, killing my chances of ever receiving work permit for U.S. again?

If they take it away at the border, it sort of blacklists you for tourist and student visas and any other visa where immigrant intent is an issue, because the fact that you were still holding onto the card and attempting to use it until they pried it away from you indicates that you may still have a lingering desire to immigrate. But it wouldn't be an issue for H1B and L1 work visas which directly allow immigrant intent.

If you surrender it voluntarily at a consulate with form I-407, you'll find it easy to get a tourist or student visa because such surrender is considered a strong indicator of NOT having immigrant intent. You can even surrender the GC and apply for a tourist visa in the same visit to the consulate.

 

[Hannah7]

1) Do you have re-entry permit?

2) Have you been given any warning on previous entry to the U.S. ?

I think since you keep some ties to the U.S. , returning after 6 months and haven't been given warning yet, then you should be fine next time. They usually give you some kind of warning before actually taking the GC away (as far as I know from here and my friends).

If unsure whether to live in the U.S. , you can try to let the doors open like this or using re-entry permit. Otherwise is good to just surrender green card.

 

[Jackolantern]

I think since you keep some ties to the U.S. , returning after 6 months and haven't been given warning yet, then you should be fine next time. They usually give you some kind of warning before actually taking the GC away (as far as I know from here and my friends).

However, if the OP has been keeping up this pattern for 10 or 20 years, I wouldn't be surprised if the first officer who notices the travel pattern just directly take away the card without a warning.

 

[Hannah7]

However, if the OP has been keeping up this pattern for 10 or 20 years, I wouldn't be surprised if the first officer who notices the travel pattern just directly take away the card without a warning.

The OP has been keeping up this pattern for only some recent years. So having GC since 1987, he probably has some solid grounds in the U.S.

 

[karen_hkny]

Hannah7 - here are my answers to your questions:

1) Do you have re-entry permit? No I don't.

2) Have you been given any warning on previous entry to the U.S. ? No formal warning - I have however been advised to get a Re-entry Permit.

I think since you keep some ties to the U.S. , returning after 6 months and haven't been given warning yet, then you should be fine next time. They usually give you some kind of warning before actually taking the GC away (as far as I know from here and my friends).

If unsure whether to live in the U.S. , you can try to let the doors open like this or using re-entry permit. Otherwise is good to just surrender green card.

 

[karen_hkny]

However, if the OP has been keeping up this pattern for 10 or 20 years, I wouldn't be surprised if the first officer who notices the travel pattern just directly take away the card without a warning.

This is what I am wondering: are they ALLOWED to just take away the GC at the border? I read somewhere that the officer at POE doesn't really have the authority to do that. Does anyone know?

 

[Jackolantern]

They have the authority to physically take it away at the border, but not to actually revoke it. They also have the authority to require you to see an immigration judge to resolve your status one way or the other, and the judge has the authority to revoke it.