I know I lost my greencard , do I need to apply for a tourist visa

[chameleon]

Hi,

Couple of years ago I won the greencard lottery but couldn't manage to migrate to US hence I lost it. ( I still have card , I believe I lost my "rights")

I would like visit US in Ocboter and I wonder what the procedure would be? Should I apply for a tourist visa or do I enter with greencard and they take it away from me? ( I don't want to be sent home )


Regards,

[NettieL]

Hi,

Couple of years ago I won the greencard lottery but couldn't manage to migrate to US hence I lost it. ( I still have card , I believe I lost my "rights")

I would like visit US in Ocboter and I wonder what the procedure would be? Should I apply for a tourist visa or do I enter with greencard and they take it away from me? ( I don't want to be sent home )


Regards,

Do not attempt to enter the country with your Green Card. Even if you have the piece of plastic it is not valid if you did not enter the US within the time frame that you were given and stayed in the US for the time required to remain in status as a permanent resident. Customs will have the information in their computerised system.

[newacct]

Just because you have been outside the US for a long time doesn't absolutely mean you no longer have permanent residence. The only ways it is absolutely lost is if you voluntarily relinquish it by filing I-407, or if an immigration judge rules that you have abandoned residence. If you just want to go for a visit and don't want to live there, you can file I-407 to relinquish residence at the same time as applying for a visitor visa.

(Note also that for tax purposes, you are considered a resident alien until you've voluntarily filed I-407 or received an official determination you've abandoned residence; until then, you are still subject to US taxes for your worldwide income regardless of where you live.)

[inadmissible]

If he was granted an immigrant visa, but never used it to travel to the United States, is he really a permanent resident?

[newacct]

If he was granted an immigrant visa, but never used it to travel to the United States, is he really a permanent resident?

No, but he says he has the card, which he would only have if he entered with the immigrant visa and thus became a permanent resident.

[inadmissible]

Ah indeed. Then he is a permanent resident. He says he "couldn't manage to immigrate". If he remained abroad due to factors beyond his control, he may be eligible for an SB-1 visa, right? Or do you think that is a waste of money (akin to a N-600 being a waste of money, paying for a certificate that states a fact that is obvious) and he should just travel to the United States with his green card and seek admission?

[NettieL]

You will need to file for a returning resident permit (SB-1 visa) if you were out of the country for more than a year. At the time, you have to proof that circumstances were beyond your control.

[chameleon]

Thank you for all your answers.

I entered US several times and I have the plastic card. I then realised that it will be very hard for me to move to US. ( torn ligaments , European girl friend etc. )

I gave up my residency (in my mind at least) , I just wonder what I need to do to visit US as a tourist.

From my understanding the best option is to apply for a tourist visa and file I-407, is this correct?