surrender the green card??

G

GCman2005

Banned
After my last entry, I had a nice chat with the immigration. it is simple, I will not be living in the usa right now therefore I think it is better to surrender the card.

I have applied for a reentry permit, already did fingerprint. I am overseas. Should I just wait until i get it or wait until the expiration of the reentry permit.

In any case, I am doing because I have no choice.
 
If you want to come back to US for visit, etc, best not to have what might be considered an invalid GC in your hands, as you risk being turned away.

Give it up, form I-407, and then be done with it. Then you can plan your next entry in an non-imigrant status.
 
My Green card is valid. I left USA in january 4th 2010. Since 2005 i havent actually spend more 21 day everytime i visit which is every 4 or 5 months.
 
Wait until the reentry permit arrives in your hand, so you can surrender both it and the GC at the consulate with the form I-407 and apply for a tourist visa at the same time.
 
GCman2005 said:
My Green card is valid. I left USA in january 4th 2010. Since 2005 i havent actually spend more 21 day everytime i visit which is every 4 or 5 months.
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I'm quite sure it is valid. My comment was for the future, when you wish to return to US, long after you have given up residence, and your GC would be considered invalid.
 
May be I havent made myself clear. Should I wait :
1. until the Reentry permit expire and then surrender the green card in 2 years
2. or do it after I receive the reentry permit which is next month probably?
 
You did make yourself clear. Surrender the GC as soon as possible, so that it will not hinder you coming back in a non-immigrant status later. Since your RP will be in your hands within a month, obviously wait until then and hand everything in at once, like Jacko said.
 
I wanted to be an american citizen but because of family issues, I can't currently live in america. That why I said I have no choice.
 
ok I finally got the RP, a friend told me that he thinks it is stupid after all the hassle to maintain residency to simply give it up. he advised me, since within 2 years I ll be able to return to usa, to simply wait and go settle once for all in 2 years while coming every 5 months. any other good advices will be appreciated. Thanks
 
If you have a reentry permit it is not necessary to return to the US every 5 or 6 months. You can stay abroad the entire 2 years. So if you want to wait another 2 years before deciding whether to return to the US or surrender the GC, you can wait.
 
visiting every 5 or 6 months will allow me to maintain residency and be able to apply for citizenship en 2014 instead of 2016 right or wrong????
 
as always i havent made myself clear, I am coming in 2012 and will not leave until citizenship, meanwhile I will visit every 5 or 6 months so I can maintain continous residency.
physical residency will start counting after 2012 therefore I ll be eligible to apply in in the second half of 2014.
 
GCman2005 said:
as always i havent made myself clear, I am coming in 2012 and will not leave until citizenship, meanwhile I will visit every 5 or 6 months so I can maintain continous residency.
physical residency will start counting after 2012 therefore I ll be eligible to apply in in the second half of 2014.
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You seem to think that keeping every individual trip under 6 months is enough to maintain continuous residence. But that is not true.

The 6 month rule is only about the presumption of breaking residence; if you take a trip of 6 months or more, they will deny you for that reason alone unless you show enough evidence to convince them otherwise.

However, even if all trips are under 6 months each, they are still entitled to look at your entire travel history over the past 5 years (or 3 years if married to a USC) and your ties to the US and make a determination of continuous residence based on the whole picture. Traveling to the US once every 5 or 6 months and staying for only a couple weeks each time and then keeping up that pattern for 2 years is almost surely going to result in being denied for breaking continuous residence, especially if you have not maintained your own house or apartment during that time. If you work overseas that makes it worse.
 
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Should I stay out the country until 2012 come and settle once for all, since my reentry permit is valid until 2012 ???
I am paying the rent since 2005 and filling taxes each year since 2005. My bank account is still valid and I am paying my student loan since 2005.
It should show intent to maintain ties to the us.
 
GCman2005 said:
Should I stay out the country until 2012 come and settle once for all, since my reentry permit is valid until 2012 ???
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Yes you could do that. Then you can apply in 2017 without those trips affecting you at all. Or maybe apply with the 4 years + 1 day rule in 2016 (however when you apply with the 4+1 rule they can still require you to prove ties for the last year when you were gone).
I am paying the rent since 2005 and filling taxes each year since 2005. My bank account is still valid and I am paying my student loan since 2005.
It should show intent to maintain ties to the us.
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It may not be enough to compensate for 2 years of being outside the US more than 90% of the time. Especially since you don't have a spouse or children remaining in the US while you are away, and you're not going to be renting/owning your own house or apartment ("renting a room" is a weaker tie than renting/owning a house or apartment in your own name).

But ultimately we are not the ones to decide. Continuous residence is a subjective decision, and sometimes a case that looks bad still gets approved. So go ahead and stay away for 2 years if you want, and then return and apply and see what happens. Just don't be surprised if you get denied before 2016.
 
hey guys I am coming back to usa. after 5 months being out. Have GC in hand and RP valid until 2012. Should I be worried?
The last three times, I have been sent to secondary inspection. Hope this time, it ll be smooth.
 
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