Voluntary Surrender of Green Card

bsharris

New Member
My wife moved to the United States last month after being away from the United States for 6-years. When she arrived in Atlanta, she was told by Immigration Officers that she had one of two choices, to either surrender her Green Card, or ask to see an Immigration Judge. She was absolutely lost as to what to do because we never saw anything like this coming.

I spoke with two Immigration Officers and they stated she had been out of country too long. I (American by birth) explained that we have been married for 26 years and that I am a defense contractor with a major corporation – that my work kept us away for all these years and we lived together overseas during that employment. I further explained that we are now permanently relocating with the same corporation back home to the States. The Immigration Officer asked if my wife intended to remain in the United States or return to her country of birth. I explained that we were home now for good, but that we would be travelling in the distant future as our son lives overseas.

I asked what would be the right thing to do at this point and the Officer stated she should voluntarily surrender her Green Card immediately because Immigration Judges have no leniency in cases such as this. She surrendered the card and travelled on to our home. Now we are very confused and worried as to what we need to do now. I have no idea what to do! Do we reapply for another green card, apply for Returning Resident Status, or what should the next step be?

Circumstances:

1. I am a Defense Contractor who worked overseas for 20+ years, and had my family with me.
2. My wife is a Turkish national who has retained a Green Card the entire time we have been married.
3. She failed to enter the United States while we were overseas – a 6-year period went by before we returned this time. We were not aware of the requirement to reenter every year to keep the card valid.
4. We elected to surrender the card in Atlanta since the Immigration Officer stated we would have little luck with a judge.
5. The Immigration Officers offered no advice whatsoever as to what to do after surrendering the card.
6. My wife and I are currently in the States.
7. My wife’s Turkish passport was stamped valid until 23 December 2012 – at which time we assume she will be required to leave the States.
8. My wife has had a Social Security card since we married in 1984.
9. My wife and I have filed joint tax returns, every year, since our marriage.
10. My wife has two credit cards, has had them for years.
11. My wife has a United States driver’s license.
12. My wife and I jointly own our own home in the United States.

Please help! We are unsure as to what we must do, who to contact, what forms to file, and what steps to take now.
 
Sorry to hear about your situation. I wish I had advice for you but I would've not known what to do either if I was in your shoes. Important thing here is to immediately consult an immigration lawyer to determine next steps. You need to start the process of re-applying for a Green Card for your wife right away before Dec 2012 creeps up on you.

Good luck!
 
I asked what would be the right thing to do at this point and the Officer stated she should voluntarily surrender her Green Card immediately because Immigration Judges have no leniency in cases such as this.

That is not true. You appear to have lots of evidence that would help to convince the judge. But anyway, she already agreed to surrender it so it's too late.

My wife’s Turkish passport was stamped valid until 23 December 2012

December 2012? That's a long time from now, and I don't think they'll let her stay in the US for that long. What type of stamp was it? There is normally a special stamp given for circumstances like this, with a letter followed by a 3-digit number, but I forgot it. The stamp may only allow her to visit the US repeatedly until December 2012, but doesn't allow her to stay in the US continuously until then.

Consult a lawyer to look at the stamp and associated paperwork to determine when she really has to leave the US, as it's probably a lot sooner than December 2012. Meanwhile, you can initiate the process for a fresh green card by filing an I-130 right now. She may have to go abroad to complete the process at a US consulate, as I don't think the kind of specific status she has right now will enable her to complete the green card process in the US (ask the lawyer about this). But even if she must leave at the last stage, she can probably still stay in the US for some or all of the processing time.
 
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