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Returned to Us after more than 1 year and now my Green Card is considered abandoned??

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  • Returned to Us after more than 1 year and now my Green Card is considered abandoned??

    I have my permanent resident visa now for 4 years and now am told i need to exchange it for a tourist visa as i was gone for 16 months in 2012 and have been readmitted 3 times since then on a I-193 form. My husband is a US citizen and we have houses in both our countrys and are retired for several years on social security and his VA Disability.We try to go back and forth every 6 months or so but were delayed in Mexico when he was ill and couldnt travel back to US for several months. We didnt have a permit because it was unplanned.
    For 10 years now I always go where my husband goes.
    No one at the airport immigration actually told me my card was abandoned. Is not a judge supposed to decide that?
    I was denied for a Tourist Visa when my K1 expired while waiting for a change of status appt. I were afraid to stay here illegally so went back to Mexico for a time and tried for a Tourist Visa with no success.so I know it is difficult to get.
    If there is not a way to keep my Green Card?,if not can I trade it for a Tourist Visa while here in the US.
    I hope this forum can help me understand what should i do. My husband wants us to go for a InfoPass appt at the USCIS place in San Francisco to ask them but I am afraid they will take my card and deport me so prefer to not go there.
    Thank You

  • #2
    Originally posted by gitano View Post
    I have my permanent resident visa now for 4 years and now am told i need to exchange it for a tourist visa as i was gone for 16 months in 2012 and have been readmitted 3 times since then on a I-193 form. My husband is a US citizen and we have houses in both our countrys and are retired for several years on social security and his VA Disability.We try to go back and forth every 6 months or so but were delayed in Mexico when he was ill and couldnt travel back to US for several months. We didnt have a permit because it was unplanned.
    For 10 years now I always go where my husband goes.
    No one at the airport immigration actually told me my card was abandoned. Is not a judge supposed to decide that?
    I was denied for a Tourist Visa when my K1 expired while waiting for a change of status appt. I were afraid to stay here illegally so went back to Mexico for a time and tried for a Tourist Visa with no success.so I know it is difficult to get.
    If there is not a way to keep my Green Card?,if not can I trade it for a Tourist Visa while here in the US.
    I hope this forum can help me understand what should i do. My husband wants us to go for a InfoPass appt at the USCIS place in San Francisco to ask them but I am afraid they will take my card and deport me so prefer to not go there.
    Thank You
    The short of it is that a permanent resident is someone who RESIDES - lives, works, attends school, etc - in the USA. You're NOT, by your own statements, a resident - you're using your green card as a border crossing card. And you got noticed because of your travel pattern/time you stay outside/inside the USA.

    The best you can do now is to surrender your GC (form I-407) and at the same time apply for a B1/B2 visa. Good luck with that.

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