US Driver’s License, US Bank Account and Green Card

G

Greengo

Registered Users (C)
Hello,

If a Green Card holder with a US Driver’s License stays abroad for more than one year, then he has abandoned his Green Card. When he returns to the US he should not use his Green Card but get a tourist visa. His Green Card will be confiscated at the PoE because when he fills out the form in the airplane he has to mention that he used to be a permanent resident of the US in the past. Is that correct?

What happens with his US Driver’s License? Does he have to return his US Driver’s License at the PoE, too, or is he allowed to use his US Driver’s License? What happens when the US Driver’s License expires? Will he get a new one or will a new license be refused because he has no Green Card any more?

Is he not allowed to open a new bank account in the US after his Green Card is confiscated?

People from his country do not need a visa in order to visit USA as a tourist. He has lived outside USA for more than one year. He now wants to visit USA. Can he just take a plane and enter USA with his passport? Does he have to take his Green Card with him in case PoE officers ask for it? He has no intention to claim that he has stayed in USA through all the time that means he does not want to lie in front of the PoE officer. Or should he hand out his Green Card at the US embassy in his country before he visits USA? This option, however, is not comfortable for him as he wants to visit USA in these days or weeks.

Does he have to take his US tax files of the years when he lived in the US? Or does no PoE officer ask to prove that he has lived in the US in the past? Will PoE officer ask him why and when he left USA and does he have to show him a prove when he left USA?

Thank you.
 
Well, if you maintained your ties with the US during your 1+ year absence, you may still apply for a returning resident visa from the overseas consulate and enter the US on P.R. status without losing it.

Additionally, if you have applied for a re-entry permit before leaving the US, that will help as well.
 
GreenGo this does NOT sound to me like RedStop...

He will not have nay problem whatsoever to enter US as he carries the passport for the country which do not need visitors visa for US. However, his GC MAY be revoked at POE. Not sure... It is up to the officer.

He can use US Driver's License when he is in US as long as it is valid. He will not be able renew the same though if it expires and he loses the GC.

It is difficult to open a bank account after losing GC.

All the best and please post your experience upon entering US.
 
Well, using his passport to enter as visitor will cut off his hope to rescue his GC status completely. BCIS will view this as a voluntary abandoning of his green card. If he still wants to hang on to his P.R. status, he should first try with the return resident visa.
 
Hello friends,

I have read "return resident visa for permanent residents of the US" twice here in this thread.

1.) Does anyone have a link to an INS website where I can read more about that?

2.) What happens if he behaves very innocently, that means:
if he shows his Green Card at the PoE and

a.) when he has not been asked how long he has been out of the US, then he is lucky and keeps his Green Card.

b.) if he has been asked such a question he tells the truth. His Green Card might be confiscated, but because he has told the truth he can enter USA with his passport.

3.) The reason why he wants to visit USA is to check whether he should found his company there. For his company, a few IT engineers will be hired. Probably, he might also marry his American girlfriend, however, not immediately, but in a year. You guys in this forum are very nice and therefore I value your opinion a lot. May I ask you how you would decide as far as entering USA is concerned?

I know this case is strange, but that's how life is.

Thank you.
 
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Greengo,

I have been out of the country at least a dozen times for the last several years, and I was always asked for how long I have been outside of the US, so do not rely on not being asked.
 
GeneM,

Could you please share what is the maximum length of time that you had been out at a stretch?

and

was that considered as an exception by the officer at POE and if so,

did he pass any remarks verbally or put on your passport?
 
My time out of the country varied from two days to three weeks, mostly Canada, Mexico and Europe. It was pretty much the first question out of the POE officer :"How long have you been out of the country?". Unless other people have different experiences, I really believe that this question is a part of their standard operating procedure.

Outside of the usual stamp nothing was marked on the passport.
 
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