What if U.S. takes your Green Card away?

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1389

Registered Users (C)
I am facing the possibility that the U.S. authorities might determine that I have abandoned my permanent resident status and take my G.C. away. I don't want to surrender my G.C from outside the U.S. because I still believe I have a basis to show that I have not abandoned my permanent resident status, but I know I will have an issue at the border. If they decide to take away my G.C., will they allow me to surrender it voluntarily?

In either case (whether I surrender it voluntarily or they take it away) will it be possible for me to later get other types of visas such as visitor, TN of H1B and eventually maybe a permanent resident status in the U.S again?

I would greatly appreciate any experiences or knowledge about this type of situations.
 
If you surrender it voluntarily, you'll easily get a tourist visa or another nonimmigrant visa. But if they take it away when you attempt to use it to enter, you might have problems getting a visa (other than dual intent visas like H1B or L1).

How long have been outside the US? You might be able to get an SB-1 visa to return to the US and preserve your permanent resident status.
 
How did you immigrate in the first place?

How long did you stay in the U.S. before going abroad for an extended period?

How long have you been away from the U.S.?

Why did you stay away so long?
 
BigJoe5 said:
How did you immigrate in the first place?
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DV

BigJoe5 said:
How long did you stay in the U.S. before going abroad for an extended period?
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I spent in the US a few days every several months during the first 9 months of my PR status and I have been in the U.S for a month now.

BigJoe5 said:
How long have you been away from the U.S.?
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I am in the U.S. now, but I plan to leave and I won't be able to come back for at least a year.

BigJoe5 said:
Why did you stay away so long?
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I was not ready to move. I was told the fist time I crossed into the US as a PR that I have one year to move. Now, I plan to study in another country. I have applied for a re-entry permit, but I also heard form several sources that even with a valid re-entry permit, they could determine that you have abandoned your status.
 
Hm, like I said in another reply, I am in the US, but I plan to leave, and won't be able to return for a year, maybe just under one year. I have applied for the re-entry permit, but I am concerned that even if it is approved, they might want to take away my GC at the border, because I have only spent one solid month in the US during my first 10 months as a PR. Would it be better to try to apply for SB-1 visa regardless of whether my re-entry permit gets approved or not?
 
A re-entry permit protects your greencard for 2 years. Then you can come back and get a second REP for another 2 years. After that, it is possible to get a 3rd REP and IF it is allowed it would only be for 1 year. You will have to remain OTHERWISE ADMISSIBLE, but the long absence is covered.

Read the regulations at: http://ecfr.gpoaccess.gov/cgi/t/tex...c&tpl=/ecfrbrowse/Title08/8cfr223_main_02.tpl

How long will your studies take to complete? If you don't mind saying, what will you study?
 
1389 said:
Now, I plan to study in another country. I have applied for a re-entry permit, but I also heard form several sources that even with a valid re-entry permit, they could determine that you have abandoned your status.
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That is possible, but when that happens it's because the person had an extensive string of absences (totaling around 2 years or more) before the permit (including time with or without prior reentry permits).

How long have you been keeping up this pattern of spending a few days in the US and then leaving again for several months?
 
Jackolantern said:
If you surrender it voluntarily, you'll easily get a tourist visa or another nonimmigrant visa. But if they take it away when you attempt to use it to enter, you might have problems getting a visa (other than dual intent visas like H1B or L1).

How long have been outside the US? You might be able to get an SB-1 visa to return to the US and preserve your permanent resident status.
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That's very interesting. Any idea, might they still let you surrender the GC voluntarily, even at the border?
 
Thanks, the studies will take until September 2012. I expect to only need one RE permit.

I started to worry about how the U.S. authorities may look at it if I study as a resident student in a country other than the U.S. and that I will probably get financial aid in that country.
 
Jackolantern said:
That is possible, but when that happens it's because the person had an extensive string of absences (totaling around 2 years or more) before the permit (including time with or without prior reentry permits).

How long have you been keeping up this pattern of spending a few days in the US and then leaving again for several months?
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For nine months, and now I have been in the U.S. for a month.
 
1389 said:
Thanks, the studies will take until September 2012. I expect to only need one RE permit.

I started to worry about how the U.S. authorities may look at it if I study as a resident student in a country other than the U.S. and that I will probably get financial aid in that country.
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U.S. employment-based immigration was built to be a "brain drain" based immigration system. Google for news articles on "reverse brain drain" and see what pops up.

The U.S. government will be quite happy to accept you back with your foreign financed education.
 
1389 said:
That's very interesting. Any idea, might they still let you surrender the GC voluntarily, even at the border?
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If at the border they take away the card and order you to see an immigration judge to defend your status, you could tell them you don't want to argue the case with a judge and you'll sign the I-407 right there on the spot. They agree to that for some people, but there is no guarantee they'll do that for you.

But seeing that you've had a GC for just 9 months and this is your first reentry permit, and you're going away to study and not work, it's very unlikely for your green card to be in jeopardy for the next 2 years. Your eligibility for citizenship will be delayed because of your past and future long absences from the US, but I figure you know that already or you don't care.
 
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BigJoe5 said:
U.S. employment-based immigration was built to be a "brain drain" based immigration system. Google for news articles on "reverse brain drain" and see what pops up.

The U.S. government will be quite happy to accept you back with your foreign financed education.
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Thanks. That's a very reasonable line of thinking. However, even one lawyer told me that if I declare myself as a resident of a certain place on an application for school (I have to declare something, and if I declare myself as a non-resident that would not be true), and if the U.S. authorities (whether during the process of reviewing the Re-entry permit application, or at the U.S border) happen to inquire about that, they could deem that I abandoned my U.S. permanent resident status and deny the RE Permit or send me to the immigration judge.
 
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1389 said:
Thanks. That's a very reasonable line of thinking. However, even one lawyer told me that if I declare myself as a resident of a certain place on an application for school (I have to declare something, and if I declare myself as a non-resident that would not be true), and if the U.S. authorities (whether during the process of reviewing the Re-entry permit application, or at the U.S border) happen to inquire about that, they could deem that I abandoned my U.S. permanent resident status and deny the RE Permit or send me to the immigration judge.
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Are you referring to declaring yourself as a resident of a non-US country (namely the country where you will be studying)?
 
It's highly unlikely they would dive into that level of investigation for somebody in your situation.

If they do, then you'll get to explain your case in front of an immigration judge. Different countries have different definitions of "resident", and different definitions for different purposes. Mere use of the word "resident" doesn't mean it has any immigration implications in your context. For example, for university purposes a country might automatically define you as a resident if you are a citizen of the given country, regardless of your actual country of physical or legal residence. Or if your parents are paying the tuition they might define residence based on your parents, without regard for yours personally. Or resident is defined as spending more than 183 days per year in the given country.

So whether your green card might be jeopardized by you claiming to be a resident of a foreign country would depend on the definition of "resident" in the context for which you are claiming to be a resident.
 
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