Keith S

Our adventure living in America is over. We have now moved to Spain and decided that we shall not return. After 6 years of retirement in the US we believe that Spain would be more suited to our lifestyle and gives us the chance of another adventure.
So, we believe that we should return our Greencards as we definitely have no intention of returning (the medical situation scares the life out of us now that Obamacare looks like a memory).
Could anyone tell us how this should be done and where they should be sent.

BritInParis

https://www.uscis.gov/i-407

Heading_Baltimore

Keith good adventure. You are living the dream. At least you are closer to the UK and away from the craziness of the US partisan political climate. Good luck as you settle in Spain.

Keith S

Thanks mate

Aberdeenokie

I surrendered my Greencard with in the 6 months requirement and used the correct form. Plus unless you have the signed form, its a major pain to visit the US again. Now in the process of applying again for a Greencard after 3 years back in the UK for family reasons. Been told its should be easy to get back because I did the correct thing.

ian-mstm

AFAIK, there is no 6 month requirement. Can you please clarify where you read this?


If truth be told, it'll make no difference whatsoever. Your prior application and/or status has no bearing at all on your current application.

Ian

Aberdeenokie

I was informed by an Immigration officer when entering Houston on my last trip back to the US, as I said I needed to fill out I-407 form. Twice I have had to supply my I-407 form when entering the US or boarding a flight to the US

iarnell

It sounds like 8 USC 1101(a)(13)(C)(ii) - An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien- (i) has abandoned or relinquished that status, (ii) has been absent from the United States for a continuous period in excess of 180 days, ...

It's not a requirement to relinquish your green card within six months. But if you do want to relinquish it voluntarily having been out of the US for fewer than 180 days, you need to do so by filing I-407. Beyond 180 days, you can simply be deemed to have abandoned it. Either way, you can then present yourself for admission under whatever visa or waiver is appropriate.

ian-mstm

Ah! I must point out that time outside the US, by itself, is not sufficient for a finding of abandonment of status. One must also have the intent to abandon status.


Correct. There is also no requirement to ever relinquish the card. That doesn't mean you get to maintain your status... only that you don't have to turn in the card. As always, the card is proof of your status... but it isn't the status itself.


Absent intent, no - it can't be so deemed. See above. Further, CBP doesn't have the authority to make that determination.

To be fair, this is all water under the bridge for the OP... but others also read these forums.

Ian

ian-mstm

Really? How odd! Usually, if you have a valid ESTA you can be allowed in on the VWP without showing any paperwork.

Ian

Aberdeenokie

Got pulled up by British Airways at the gate and passed onto a US security guy. Probably because I was travelling with my American wife and kids. Also at Immigration in Chicago, where the officer told me to always carry the I-407 when entering the US to avoid being questioned further on future trips. Price of being the only UK passport holder in a family of 5.

ian-mstm

Wow! I've really not heard of that before, so I appreciate the information.

Ian

bewildering

One quick question/point. After 6 years can you apply for naturalization? Just in case you get to Spain and realize that you miss the USA.

As Aberdeenokie's situation shows, circumstances change and it might be nice to be able to come and go at will from the USA.

I am curious what happens to all the ex-pats in Spain after Brexit.

Keith S

If we were younger and working then naturalization would have been an option to give us that choice. But we are retired, in our sixties, and have concerns with the provision of affordable healthcare. Obamacare was very helpful but it has/had no security of longevity. We have no other rights to assistance because we did not spend any of our working life in the US.
So the best options were either return to Australia or back to UK and the dreadful weather. Spain gives us a middle option and the chance of another adventure and experiences.
Returning to the US is really not an option in our case. Brexit is a bit of a gamble but one that we are willing to take.