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(Ex?) Green Card And Visa Waiver  
User currently offlineParisien From France, joined Dec 2000, 821 posts, RR: 1
Posted (8 years 2 months 1 week 5 days 5 hours ago) and read 4014 times:

Hi, posting this for a someone who wishes to know what to do for his next US trip: He is or was a permanent resident in the US, left the US to move back to the UK his home country 3 years ago. Now he is going to visit the US for a short period: Does he enter the US with the visa waiver ? Or does he use his greencard ?

13 replies: All unread, jump to last
 
User currently offlineLOT767-300ER From , joined Dec 1969, posts, RR:
Reply 1, posted (8 years 2 months 1 week 5 days 4 hours ago) and read 4007 times:

I would venture to say that if his green card is still valid then he is a US Resident and enters on the green card...

User currently offlineParisien From France, joined Dec 2000, 821 posts, RR: 1
Reply 2, posted (8 years 2 months 1 week 5 days 4 hours ago) and read 4004 times:

yes, the date printed on the card is still valid. but I read also that you abandon your status if you leave the US for a certain period and if you intended to do so. And he did intend to leave the US to resettle in the UK, and he would say so if asked at the border I imagine, him being an honest old man.

User currently offlinePanAmerican From Germany, joined Oct 2003, 384 posts, RR: 5
Reply 3, posted (8 years 2 months 1 week 5 days ago) and read 3991 times:

After 3 years it is pretty certain they will take away his Green Card at the port of entry.
What he should have done 3 years ago after abandoning his permanent residence in the US was fill out form I-407 and send it to the US Embassy in London along with his Green Card. All it takes is one look at the US Embassy website:
http://www.usembassy.org.uk/dhs/uscis/abandon.html

Quote:
Abandonment of Lawful Permanent Resident Status (I-407)

If you wish to abandon your permanent residence and relinquish your Permanent Resident Card "Green Card", please download and print the attached form, completing those items that are highlighted in yellow.
Forms

You will need to complete the yellow-highlighted sections in form I-407, "Abandonment of Lawful Permanent Residence".

Supporting Documentation

Please return the following three items to the address below:
Completed I-407


Your Permanent Resident Card


A stamped, self-addressed envelope

Mailing Address

USCIS I-407
American Embassy
P.O. Box 2444
London W1A 5WT


Once the U.S. Citizenship and Immigration Services office receives your completed Form I-407 and your Permanent Resident Card, the appropriate documentation stamps will be placed on the form along with the USCIS officer's signature. A copy of this form will be returned to you in the stamped, self-address envelope you provide. This copy of the completed I-407 is your receipt and it validates the return of your Permanent Resident Card. You should keep a copy of the completed I-407 in your passport whenever you travel to the United States.

Once the I-407 is completed, you will revert to your previous status as a non-immigrant and may apply for admission into the United States in the manner of any other person of common nationality. This includes the use of the Visa Waiver Program, provided you meet the normal criteria for that program.

Abandoning your Permanent Resident Card and status does not affect your ability to apply to immigrate to the United States at some future time. However, you will have to begin the process anew and apply through the usual application process.

Then he would have still been eligible for entering the US under the Visa Waiver Program if he fulfills the requirements. All he needs to show is his confirmed I-407 form that he gets back stamped from the London Embassy.

He can still do that, but I'm sure it'll take a few weeks to process.
So I have no idea if they will let him enter the US without this, but most probably not on his Green Card anymore.



Pan Am - The World's Most Experienced Airline.
User currently offlineParisien From France, joined Dec 2000, 821 posts, RR: 1
Reply 4, posted (8 years 2 months 1 week 4 days 22 hours ago) and read 3972 times:

thank you very much for the very useful information.
However, given that the process will probably take time, can he enter the US on the visa waiver program even without the confirmed I407 (but just a copy of the form he completed and sent) ?


User currently offlinePanAmerican From Germany, joined Oct 2003, 384 posts, RR: 5
Reply 5, posted (8 years 2 months 1 week 4 days 19 hours ago) and read 3955 times:

Quoting Parisien (Reply 4):
thank you very much for the very useful information.
However, given that the process will probably take time, can he enter the US on the visa waiver program even without the confirmed I407 (but just a copy of the form he completed and sent) ?

To be honest with you, I have no idea if they would accept a non-confirmed I-407 at immigration... I also don't know if he can use the visa waiver program if he tries to enter and he is listed as a resident in the computers.
To find out what best to do, I suggest your friend call either the nearest United States Embassy or USCIS (formerly INS) and ask them... They would know the answers to all his questions for sure.
I don't quite understand why a British guy has his French friend ask on a Swedish aviation website about his American Green Card  confused . That's pretty amusing, but not a very reliable source of information for these matters  Smile.
He should really call somebody who is more competent with this to get the correct information he needs before his trip...
Border security and immigration matters certainly have become more strict since the last time your friend entered the United States, so if I were him I'd make sure I have my paperwork sorted out correctly  Wink



Pan Am - The World's Most Experienced Airline.
User currently offlinePanAmerican From Germany, joined Oct 2003, 384 posts, RR: 5
Reply 6, posted (8 years 2 months 1 week 4 days 18 hours ago) and read 3951 times:

Oh, and one more thing I want to add:
As a Permanent Resident Alien (Green Card holder) your friend is required to file taxes with the US IRS every year, no matter if he actually lived there or not.
This requirement would of course only be waived in his case for the time after completing the I-407, i.e. if he didn't know he had to file for the last 3 years he could also be in trouble at immigration since they do have this data available.
Again, I don't know what the consequences of not filing taxes could be though...



Pan Am - The World's Most Experienced Airline.
User currently offlineParisien From France, joined Dec 2000, 821 posts, RR: 1
Reply 7, posted (8 years 2 months 1 week 4 days 18 hours ago) and read 3948 times:

hi, oh i did not know this is a swedish website ? really ?
he is kinda old and does not use the internet much lol ! so while trying to get fares for him I thought i would check his visa and found out that he had a green card.
Well, all I hear is that it is very difficult to get, not abandoning it  Wink.
By the way, he is retired...so taxes should not be a problem I think...


User currently offlineAMS From United States of America, joined Aug 2003, 1690 posts, RR: 11
Reply 8, posted (8 years 2 months 1 week 4 days 14 hours ago) and read 3930 times:

He should have filed for an I-131 form when living the US. As you would need to have an I-131 form when planning to stay for more then a year outside of the USA. So yes in this case he would need to enter the US with an I-94W plus I-407 form.

Regards,
AMS


User currently offlineIFEMaster From , joined Dec 1969, posts, RR:
Reply 9, posted (8 years 2 months 1 week 2 days 21 hours ago) and read 3901 times:

GC holder here...

If he's left more than 12 months, then his GC in invalid, no matter whether it's within the expiration date or not. After 12 months, BCIS regard the residence abandoned and if that GC gets used at the point of entry, as soon as it's swiped the immigration officer will know immediately. But things get very tricky if he reenters on an I-91W (Visa Waiver) as it essentially resets his status with BCIS. I would strongly recommend consulting a good immigration lawyer before trying to enter the US again.

Also, as previously mentioned, it's likely the IRS will get in touch at some point if he comes back to reside. He is required at least to file taxes for the first 12 months that he was away.


User currently offlineBNE From Australia, joined Mar 2000, 3173 posts, RR: 12
Reply 10, posted (8 years 2 months 1 week 2 days 1 hour ago) and read 3869 times:

Quoting PanAmerican (Reply 5):
I don't quite understand why a British guy has his French friend ask on a Swedish aviation website about his American Green Card . That's pretty amusing, but not a very reliable source of information for these matters

And whats even funnier is someone with a Danish flag who seems to have all the answers.  Wink

To use a phrase from a book I am reading at the moment. "The World Is Flat."



Why fly non stop when you can connect
User currently offlineParisien From France, joined Dec 2000, 821 posts, RR: 1
Reply 11, posted (8 years 2 months 1 week 1 day 17 hours ago) and read 3849 times:

Quoting IFEMaster (Reply 9):
But things get very tricky if he reenters on an I-91W (Visa Waiver) as it essentially resets his status with BCIS.

Hi there, can you explain what you mean by "resets his status with BCIS" ? As I have said above, he had no intention of returning to live in the US, just a visit to his old chums who are all getting older !
So, he can actually enter on visa waiver like that ?


User currently offlineScalebuilder From , joined Dec 1969, posts, RR:
Reply 12, posted (8 years 2 months 1 week 1 day 15 hours ago) and read 3839 times:

Quoting PanAmerican (Reply 6):
This requirement would of course only be waived in his case for the time after completing the I-407, i.e. if he didn't know he had to file for the last 3 years he could also be in trouble at immigration since they do have this data available.
Again, I don't know what the consequences of not filing taxes could be though...

He should complete and file his taxes before even attempting to enter the USA. He can access all the forms he needs through the IRS website, and file the returns electronically from his current location.

Quoting PanAmerican (Reply 5):
To find out what best to do, I suggest your friend call either the nearest United States Embassy or USCIS (formerly INS) and ask them... They would know the answers to all his questions for sure.

Good advice.


User currently offlineIFEMaster From , joined Dec 1969, posts, RR:
Reply 13, posted (8 years 2 months 1 week 1 day 15 hours ago) and read 3837 times:

Quoting Parisien (Reply 11):
Hi there, can you explain what you mean by "resets his status with BCIS" ? As I have said above, he had no intention of returning to live in the US, just a visit to his old chums who are all getting older !
So, he can actually enter on visa waiver like that ?

Sure he can. As long as he has a British passport and a return ticket and fills out his green visa waiver form accurately, he can come and go as a tourist. His GC is dead and buried after this amount of time anyway.


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