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Old Mar 3rd 2016, 5:18 am
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Default Green Card Expired

I am very unsure of what my actual status is now as my green card expired in December 2015. I had to leave the US fairly quickly due to family illness and although I paid for a green card renewal online and added all the appropriate medical documents relating to my application and not being able to come back due to my mothers Alzheimer's they still scheduled me a biometrics appointment. I had to cancel and let them know again the difficulty with my mothers health.
My wife is a US national and has moved to the UK to help me with my mum, so it has taken the pressure of me to work a little ( Right now I have to show that I can financially support her ). Of course I have been living and working in the USA for 30 years so most of my business is in the US.
Two weeks ago I was asked to go back and do some consulting, for me it was more respite/holiday as no money was exchanged.
I was told I did not need a visa, but when I got to the airport I was told that I needed a ESTA visa.
No big deal I thought and proceeded to do the online application. Of course it would not go through as I had a green card! I did not want to travel on it as it had expired and was in process. Anyway the airlines contacted their US liason and he took my details and saw that I had a green card. He cleared me to leave as my greencard was in process. When I got into the US they were very upset with me and took me off to another room and drilled me with questions. They let me enter but told me next time I would be put up in front of an immigration tribunal. It scared the hell out of me. I had all of the records of my mums and brothers problems, an invoice that I had paid for the greencard renewal and a letter that I was waiting for a way to get my biometrics sorted out. He made copious notes on his computer and then let me in. I was only staying for three days!
I do have work scheduled for this May/June but I am really worried that I will not be allowed in. Immigration has sent me a form where they require local police clearance letters from every place that I have lived in the US during the last 10 years which should not be a problem as long as I do not have to return to the US to do it, plus photographs. It looks as though this may be an option but it is not a given!!! Things are a lot easier now that my wife is here, but I still need to work in the US to maintain my wifes status here. I do not want to have to go through what happened in immigration, any suggestions. I am of course going to find out if I can get the clearance letters. I just want to make sure that I can get back into the US so I can work. Is there a visa that allows you to be able to work in both countries. Our intention is to move back to the US, but cannot right now.
Best Wishes Barry
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Old Mar 3rd 2016, 5:59 am
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by Barryjones69
I am very unsure of what my actual status is now as my green card expired in December 2015. I had to leave the US fairly quickly due to family illness and although I paid for a green card renewal online and added all the appropriate medical documents relating to my application and not being able to come back due to my mothers Alzheimer's they still scheduled me a biometrics appointment. I had to cancel and let them know again the difficulty with my mothers health.
My wife is a US national and has moved to the UK to help me with my mum, so it has taken the pressure of me to work a little ( Right now I have to show that I can financially support her ). Of course I have been living and working in the USA for 30 years so most of my business is in the US.
Two weeks ago I was asked to go back and do some consulting, for me it was more respite/holiday as no money was exchanged.
I was told I did not need a visa, but when I got to the airport I was told that I needed a ESTA visa.
No big deal I thought and proceeded to do the online application. Of course it would not go through as I had a green card! I did not want to travel on it as it had expired and was in process. Anyway the airlines contacted their US liason and he took my details and saw that I had a green card. He cleared me to leave as my greencard was in process. When I got into the US they were very upset with me and took me off to another room and drilled me with questions. They let me enter but told me next time I would be put up in front of an immigration tribunal. It scared the hell out of me. I had all of the records of my mums and brothers problems, an invoice that I had paid for the greencard renewal and a letter that I was waiting for a way to get my biometrics sorted out. He made copious notes on his computer and then let me in. I was only staying for three days!
I do have work scheduled for this May/June but I am really worried that I will not be allowed in. Immigration has sent me a form where they require local police clearance letters from every place that I have lived in the US during the last 10 years which should not be a problem as long as I do not have to return to the US to do it, plus photographs. It looks as though this may be an option but it is not a given!!! Things are a lot easier now that my wife is here, but I still need to work in the US to maintain my wifes status here. I do not want to have to go through what happened in immigration, any suggestions. I am of course going to find out if I can get the clearance letters. I just want to make sure that I can get back into the US so I can work. Is there a visa that allows you to be able to work in both countries. Our intention is to move back to the US, but cannot right now.
Best Wishes Barry
When did you move to the UK?

When do you intend moving back to the US?

What is your wife's status in the UK?
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Old Mar 3rd 2016, 6:22 am
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Default Re: VWP Entry and Adjustment of Status: New Decision

I came back July 2014. my wife followed 4 months later as she had to get a spousal visa. I went back to work in May/June of 2015 and of course a couple of weeks ago. The problem is we do not know how long we are going to be here, its one day at a time! My brother has recently had both legs amputated and has seizures. He lives by himself but is not coping, my mum is 93 and we are caring for her full time.
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Old Mar 3rd 2016, 6:44 am
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by Barryjones69
I do have work scheduled for this May/June but I am really worried that I will not be allowed in.
On the assumption that you have a 10-year green card (whether expired or not), you are a US permanent resident and you will remain a US PR until such time as a US Immigration Judge says you're not. Do not let the CBP officer at the border bully or intimidate you. Never forget that the card is simply proof of your status - it is not the status itself. Even if the card expires, your status as a PR doesn't - and time outside the US, by itself, is insufficient proof that you have abandoned your status.

You do not need a visa to work in the US because you are a PR - regardless of whether or not your card has expired (because the card is not the status itself, only proof of status).

Perhaps a moderator can move this thread out of the stickies and into a proper forum.

Ian
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Old Mar 3rd 2016, 6:56 am
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Default Re: VWP Entry and Adjustment of Status: New Decision

Thank you Ian, just got off the phone with the police in the US and they are helping me with the police records. ( I don't have a record)---So I'm hoping that and the photos will allow me to get my card. I have had my greencard since 1982
Cheers Barry
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Old Mar 3rd 2016, 7:33 am
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by Barryjones69
I came back July 2014. my wife followed 4 months later as she had to get a spousal visa. I went back to work in May/June of 2015 and of course a couple of weeks ago. The problem is we do not know how long we are going to be here, its one day at a time! My brother has recently had both legs amputated and has seizures. He lives by himself but is not coping, my mum is 93 and we are caring for her full time.
I am a bit of loss as to how you are maintaining the US as your permanent residence.

You left 18 months ago, seems you have been back just for short visits and you wife immigrated to the UK.

I would be looking to head back asap or surrender your GC. Obviously you should have naturalised and avoided the issue but too late now

Seems the PoE were quite kind in the circumstances.
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Old Mar 8th 2016, 5:09 am
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Default Re: Green Card Expired

Nothing will happen with your green card renewal until you do your biometrics, and those need to be done in the USA.

Sounds liked you might be close to abandoning your PR status because you've moved away from the USA, and your wife has immigrated to the UK.

If you do, in fact, give up your US PR status, you need to be careful about going to work in the USA. Only certain business activities are allowed by a visitor.

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Old Mar 8th 2016, 5:18 am
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Default Re: Green Card Expired

Originally Posted by Noorah101
If you do, in fact, give up your US PR status, you need to be careful about going to work in the USA.
If he gives up his status, I agree. If he doesn't and he is allowed to enter the US on his green card, it's not an issue.

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Old Mar 8th 2016, 5:30 am
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Default Re: Green Card Expired

I think he has gone.
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Old Mar 8th 2016, 5:32 am
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Default Re: Green Card Expired

Originally Posted by Boiler
I think he has gone.
Oh dear... I hope it was painless!

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Old Mar 8th 2016, 5:36 am
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Default Re: Green Card Expired

Judging from his posts that sounds unlikely.
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Old Mar 8th 2016, 9:11 am
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Default Re: Green Card Expired

Originally Posted by ian-mstm
If he gives up his status, I agree. If he doesn't and he is allowed to enter the US on his green card, it's not an issue.

Ian
Damn shame he didn't apply for a re-entry permit. Then at least he could have been out of the country for up to 2 years without abandoning his permanent residency. Taking care of an ill relative would be the perfect reason to be out of the US for that length of time.

If he is allowed back into the US, can't he just walk into a biometric office and have his photo/prints done for the renewed card?

I realize he is probably gone but the information might be of value to another forum users.
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Old Mar 8th 2016, 9:24 am
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Default Re: Green Card Expired

He would have to check to see if his local ASC does walk ins. Some do, some don't.

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Old Mar 8th 2016, 9:37 am
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Default Re: VWP Entry and Adjustment of Status: New Decision

Originally Posted by Boiler
I am a bit of loss as to how you are maintaining the US as your permanent residence. .....
I am at a loss as to why someone would spend 30 years as a PR and not take citizenship. Maybe he's one of those people who "heard" that dual citizenship isn't allowed.
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Old Mar 8th 2016, 9:42 am
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Default Re: Green Card Expired

The OP can still apply for a re-entry permit, but would have to stay in the USA long enough to do the biometrics.

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