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Qunstions on how to relinquish Green Card

Qunstions on how to relinquish Green Card

Old Oct 25th 2004, 7:03 am
  #1  
Frd
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Posts: n/a
Default Qunstions on how to relinquish Green Card

Here's a few question for the gurus of this newsgroup. I have a dilemma and
would really appreciate your opinion.



I'm a GC holder and my wife is a naturalized US citizen. We moved to our
native country, Italy, back in 2000. The move was initially temporary, but
now we no longer have intention of residing in the US and I would like to
relinquish my green card.



I have traveled to the US in numerous occasions during the past years, never
being away for more than 6 months. I never had any problem when returning to
the US. They usually asked me how long I had been away, but it was never a
problem.



At present, I have been away for over 10 months and I want to relinquish my
green card. I do have plans to travel to the US in late December, when I
will have been away for over one year.



I called the US Embassy in Rome to ask them how to relinquish the green card
and be able to travel back to the US as a tourist. My idea was to submit the
I-407 form (abandonment of permanent resident status) and travel as a visa
waiver tourist. But the person I spoke with at the embassy suggested that I
should apply for a non-immigrant visa (B1/B2) and relinquish the GC during
the visa interview. Having been a LPR, it would be safer for me to travel
with a visa, not using the VWP.



My specific questions are:



1.. Could I face any problems trying to obtain the non-immigrant visa
because I am married to a US citizen (risk factor of possible intent to
re-immigrate) ?
2.. Could it be a problem that I have been away from the US for most of
the time during the last four years, but kept the LPR status and was
admitted to the US as resident in several visits (i.e., they may think I
should have relinquished the GC much sooner)
3.. Since the GC will be invalid by my next visit to the US, can't I just
travel as a VWP visitor and give the GC to the officer at the port of entry.
Is it possible to file the I-407 and give up the GC at the POE ?


Any good advice will be greatly appreciated
 
Old Oct 25th 2004, 7:25 am
  #2  
crg
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Default Re: Qunstions on how to relinquish Green Card

Originally Posted by Frd
1.. Could I face any problems trying to obtain the non-immigrant visa
because I am married to a US citizen (risk factor of possible intent to
re-immigrate) ?
2.. Could it be a problem that I have been away from the US for most of
the time during the last four years, but kept the LPR status and was
admitted to the US as resident in several visits (i.e., they may think I
should have relinquished the GC much sooner)
3.. Since the GC will be invalid by my next visit to the US, can't I just
travel as a VWP visitor and give the GC to the officer at the port of entry.
Is it possible to file the I-407 and give up the GC at the POE ?
Any good advice will be greatly appreciated
"1.. Could I face any problems trying to obtain the non-immigrant visa
because I am married to a US citizen (risk factor of possible intent to
re-immigrate)"

It is unlikely for them to suspect that you are a bad risk of remaining in the US when you just surrendered the card that would allow you to live in the US.

"2.. Could it be a problem that I have been away from the US for most of
the time during the last four years, but kept the LPR status and was
admitted to the US as resident in several visits (i.e., they may think I
should have relinquished the GC much sooner)

They wouldn't really care about that for the same reason as question/answer #1.

"3.. Since the GC will be invalid by my next visit to the US, can't I just
travel as a VWP visitor and give the GC to the officer at the port of entry.
Is it possible to file the I-407 and give up the GC at the POE ?
Any good advice will be greatly appreciated"

You could file the I-407 and enter on the visa waiver program at the port of entry. You could do the I-407 at the consulate and then travel on the visa waiver if you have not previously violated the program. You can complete the I-407 and then travel to the US on a B1/B2 visitor visa.

The consular I-407 and new visa is probably the best idea. It leaves less to chance. The risk of the other options are low, but not as low as the risk if you get a visa prior to your next visit.
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Old Oct 25th 2004, 4:01 pm
  #3  
Ingo Pakleppa - see web site for email
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Posts: n/a
Default Re: Qunstions on how to relinquish Green Card

On Mon, 25 Oct 2004 21:03:19 +0200, FRD wrote:

    > Here's a few question for the gurus of this newsgroup. I have a dilemma and
    > would really appreciate your opinion.
    >
    >
    >
    > I'm a GC holder and my wife is a naturalized US citizen. We moved to our
    > native country, Italy, back in 2000. The move was initially temporary, but
    > now we no longer have intention of residing in the US and I would like to
    > relinquish my green card.
    >
    >
    >
    > I have traveled to the US in numerous occasions during the past years, never
    > being away for more than 6 months. I never had any problem when returning to
    > the US. They usually asked me how long I had been away, but it was never a
    > problem.
    >
    >
    >
    > At present, I have been away for over 10 months and I want to relinquish my
    > green card. I do have plans to travel to the US in late December, when I
    > will have been away for over one year.
    >
    >
    >
    > I called the US Embassy in Rome to ask them how to relinquish the green card
    > and be able to travel back to the US as a tourist. My idea was to submit the
    > I-407 form (abandonment of permanent resident status) and travel as a visa
    > waiver tourist. But the person I spoke with at the embassy suggested that I
    > should apply for a non-immigrant visa (B1/B2) and relinquish the GC during
    > the visa interview. Having been a LPR, it would be safer for me to travel
    > with a visa, not using the VWP.
    >
    >
    >
    > My specific questions are:
    >
    >
    >
    > 1.. Could I face any problems trying to obtain the non-immigrant visa
    > because I am married to a US citizen (risk factor of possible intent to
    > re-immigrate) ?

Possibly. On the flip side, since you would still be eligible for a GC,
and actually are intentionally giving up the GC you already have, it seems
a bit difficult to make the case that you have immigration intent.

    > 2.. Could it be a problem that I have been away from the US for most of
    > the time during the last four years, but kept the LPR status and was
    > admitted to the US as resident in several visits (i.e., they may think I
    > should have relinquished the GC much sooner)

No, I don't think that will be a problem.

    > 3.. Since the GC will be invalid by my next visit to the US, can't I just
    > travel as a VWP visitor and give the GC to the officer at the port of entry.

No, don't do that. That would be the worst of all worlds. If you insist on
traveling with the visa waiver, still use the I-407 at the consulate.

    > Is it possible to file the I-407 and give up the GC at the POE ?

No, only consulates accept that.

    > Any good advice will be greatly appreciated

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
 
Old Oct 26th 2004, 8:18 am
  #4  
Frd
Guest
 
Posts: n/a
Default Re: Questions on how to relinquish Green Card

Thanks for your advice.

I already scheduled an interview appointment at the embassy for the B1/B2
visa, and at the same time to surrender the GC. I hope it will go well.

Thanks again!

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news:[email protected]...
    > On Mon, 25 Oct 2004 21:03:19 +0200, FRD wrote:
    > > Here's a few question for the gurus of this newsgroup. I have a dilemma
and
    > > would really appreciate your opinion.
    > >
    > >
    > >
    > > I'm a GC holder and my wife is a naturalized US citizen. We moved to our
    > > native country, Italy, back in 2000. The move was initially temporary,
but
    > > now we no longer have intention of residing in the US and I would like
to
    > > relinquish my green card.
    > >
    > >
    > >
    > > I have traveled to the US in numerous occasions during the past years,
never
    > > being away for more than 6 months. I never had any problem when
returning to
    > > the US. They usually asked me how long I had been away, but it was never
a
    > > problem.
    > >
    > >
    > >
    > > At present, I have been away for over 10 months and I want to relinquish
my
    > > green card. I do have plans to travel to the US in late December, when I
    > > will have been away for over one year.
    > >
    > >
    > >
    > > I called the US Embassy in Rome to ask them how to relinquish the green
card
    > > and be able to travel back to the US as a tourist. My idea was to submit
the
    > > I-407 form (abandonment of permanent resident status) and travel as a
visa
    > > waiver tourist. But the person I spoke with at the embassy suggested
that I
    > > should apply for a non-immigrant visa (B1/B2) and relinquish the GC
during
    > > the visa interview. Having been a LPR, it would be safer for me to
travel
    > > with a visa, not using the VWP.
    > >
    > >
    > >
    > > My specific questions are:
    > >
    > >
    > >
    > > 1.. Could I face any problems trying to obtain the non-immigrant visa
    > > because I am married to a US citizen (risk factor of possible intent to
    > > re-immigrate) ?
    > Possibly. On the flip side, since you would still be eligible for a GC,
    > and actually are intentionally giving up the GC you already have, it seems
    > a bit difficult to make the case that you have immigration intent.
    > > 2.. Could it be a problem that I have been away from the US for most
of
    > > the time during the last four years, but kept the LPR status and was
    > > admitted to the US as resident in several visits (i.e., they may think I
    > > should have relinquished the GC much sooner)
    > No, I don't think that will be a problem.
    > > 3.. Since the GC will be invalid by my next visit to the US, can't I
just
    > > travel as a VWP visitor and give the GC to the officer at the port of
entry.
    > No, don't do that. That would be the worst of all worlds. If you insist on
    > traveling with the visa waiver, still use the I-407 at the consulate.
    > > Is it possible to file the I-407 and give up the GC at the POE ?
    > No, only consulates accept that.
    > > Any good advice will be greatly appreciated
    > --
    > Remember, I am strictly a layperson without any legal training. I
encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    > Please visit my new FAQ at http://www.kkeane.com (always under
construction)
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.
 
Old Oct 26th 2004, 9:14 am
  #5  
crg
American Expat
 
Joined: Jan 2004
Posts: 7,598
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Default Re: Qunstions on how to relinquish Green Card

Originally Posted by Ingo Pakleppa - see web site for email
On Mon, 25 Oct 2004 21:03:19 +0200, FRD wrote:

> Is it possible to file the I-407 and give up the GC at the POE ?

No, only consulates accept that..
People often complete the I-407 at the port of entry. They are sometimes offered the option of turning in the status instead of appearing before an immigration judge for formal removal proceedings.
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Old Oct 26th 2004, 11:59 am
  #6  
JGF
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Joined: Oct 2004
Posts: 2
JGF is an unknown quantity at this point
Default Re: Qunstions on how to relinquish Green Card

I know someone who filed I-407 at the US Embassy and was given 10 year multiple entry B2 visa on the spot. (this person was not eligible for VW). I have no idea how big of a difference does it make, though.
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