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I left the US for good, I still have my green card, conference coming up...

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  • I left the US for good, I still have my green card, conference coming up...

    I have a pretty unusual and confusing situation, and any advice is appreciated.

    I am a citizen of a country with a visa waiver program. In 2011, I married an American, and came to live in the USA, in 2014 I obtained my permanent green card (the one valid for 10 years).
    In a twist of faith, the same year I left the country, due to a dream job offer outside of the USA. A year after, I divorced after it became clear my now ex-wife was not going to follow me abroad. We are still on good terms, for what its worth, and she can help me with beaurocracy stuff.

    I still have my dream job, have no plans of returning to the US, and hence do not mind losing the green card. This is why I also did not apply for a reentry permit (it would have been impossible logistically).
    My problem is that I do still travel to the US for things
    like conferences, and have one coming up in september.

    What do I do? I have been out of the US for 12 months, and havent really lived in the US for any length of time since 2014. I also paid no US taxes since 2014.
    I am therefore "at risk" of abandoning residence.
    I actually would not mind if this were to happen, but I would definitely mind not being allowed in to the US for the conference.

    So what do I do? Pretend I dont have a green card and file an ESTA form? Go with the green card and hope for the best? Contact the consulate? Any advice would be greatly appreciated.

  • #2
    The worst you can do is pretend something and hope nobody finds out. CBP officers at POE have access to your GC file and travel records. Either take a chance and reenter using your green card; if you're let in, you would not be considered to have abandoned residence. Or, formally return your green card and apply for an ESTA\B visa.

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    • #3
      Thanks but if i take the chance what is the worst that could happen?

      Originally posted by daggit View Post
      The worst you can do is pretend something and hope nobody finds out. CBP officers at POE have access to your GC file and travel records. Either take a chance and reenter using your green card; if you're let in, you would not be considered to have abandoned residence. Or, formally return your green card and apply for an ESTA\B visa.
      Thanks yes that looks sensible. One question i have is, what is the worst that could happen if I take the chance? If they think im abandoning my residency will they file a judicial petition to take my green card away but let me in, or can they just take my green card and deny me entry to the us?
      Last edited by lunogled; 07-18-2016, 07:27 AM.

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      • #4
        Both possibilities. You could be detained at the airport and brought in front of an immigration judge on abandonment charges. Better to consult with legal counsel.

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        • #5
          Originally posted by lunogled View Post
          I have a pretty unusual and confusing situation, and any advice is appreciated.

          I am a citizen of a country with a visa waiver program. In 2011, I married an American, and came to live in the USA, in 2014 I obtained my permanent green card (the one valid for 10 years).
          In a twist of faith, the same year I left the country, due to a dream job offer outside of the USA. A year after, I divorced after it became clear my now ex-wife was not going to follow me abroad. We are still on good terms, for what its worth, and she can help me with beaurocracy stuff.

          I still have my dream job, have no plans of returning to the US, and hence do not mind losing the green card. This is why I also did not apply for a reentry permit (it would have been impossible logistically).
          My problem is that I do still travel to the US for things
          like conferences, and have one coming up in september.

          What do I do? I have been out of the US for 12 months, and havent really lived in the US for any length of time since 2014. I also paid no US taxes since 2014.
          I am therefore "at risk" of abandoning residence.
          I actually would not mind if this were to happen, but I would definitely mind not being allowed in to the US for the conference.


          So what do I do? Pretend I dont have a green card and file an ESTA form? Go with the green card and hope for the best? Contact the consulate? Any advice would be greatly appreciated.

          i don't know if u can return the green card? so whenever u come in the state u have to apply for visiting visa, i don't know if that law exist. u cannot be out of the country for 6 month and apply for citizenship...i don't know...the only thing i see that is possible is work in US for 4 years more or less full n then apply for citizenship. citizenship is the best option if u don't want uscis headache.

          best to seek legal advice

          Comment


          • #6
            Originally posted by iuy87 View Post
            i don't know if u can return the green card? .. n then apply for citizenship. citizenship is the best option if u don't want uscis headache.
            Green card can be formally returned at a US consular post overseas. Please read OP's post carefully.. OP is not interested in living in the US or being a USC.

            OP, please look at USCIS form I-407.

            Comment


            • #7
              i 407

              Originally posted by lunogled View Post
              I have a pretty unusual and confusing situation, and any advice is appreciated.

              I am a citizen of a country with a visa waiver program. In 2011, I married an American, and came to live in the USA, in 2014 I obtained my permanent green card (the one valid for 10 years).
              In a twist of faith, the same year I left the country, due to a dream job offer outside of the USA. A year after, I divorced after it became clear my now ex-wife was not going to follow me abroad. We are still on good terms, for what its worth, and she can help me with beaurocracy stuff.

              I still have my dream job, have no plans of returning to the US, and hence do not mind losing the green card. This is why I also did not apply for a reentry permit (it would have been impossible logistically).
              My problem is that I do still travel to the US for things
              like conferences, and have one coming up in september.

              What do I do? I have been out of the US for 12 months, and havent really lived in the US for any length of time since 2014. I also paid no US taxes since 2014.
              I am therefore "at risk" of abandoning residence.
              I actually would not mind if this were to happen, but I would definitely mind not being allowed in to the US for the conference.

              So what do I do? Pretend I dont have a green card and file an ESTA form? Go with the green card and hope for the best? Contact the consulate? Any advice would be greatly appreciated.
              Don't pretend anything! CBP will have all your travel records including I-94's back as far as 1982
              CBP will demand you surrender your GC on the spot at P.O.E.

              Comment

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