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-   -   Confused about GC and travelling as tourist. (https://britishexpats.com/forum/usa-57/confused-about-gc-travelling-tourist-903092/)

thehawk2525 Sep 8th 2017 3:38 pm

Confused about GC and travelling as tourist.
 
Hi,Hoping someone has a suggestion.

I lived in the U.S for almost 30 years.
I returned to the UK 10 years ago.
I did not become a U.S citizen(wish I did now)
I am receiving my U.S SS pension and UK state pension.
I am still in possession of my GC
I have 2 kids over the age of 18 who are U.S and UK citizens both living in UK

I would like to visit the U.S for a couple of weeks but was told that I may have to return my GC as I cant travel on the ESTA with a GC even if it is expired(2007)

Will the surrender of my expired CG effect my U.S SS pension etc.
Thanks in advance.

Rete Sep 8th 2017 3:52 pm

Re: Confused about GC and travelling as tourist.
 
No, the return of your green card will not affect your social security benefits in any way. The return of the card is merely a formality in relinquishing your PR status which has already been abandoned by your 10 year absence from the US.

Just follow the instructions issued by the USCIS on their website for the return of the card and then when you are ready to travel complete the ESTA.

Pulaski Sep 8th 2017 3:53 pm

Re: Confused about GC and travelling as tourist.
 
Whether or not you have a green card has no impact on your SS pension.

A green card needs to be renewed every ten years, so hasn't the card expired? .... This has no impact on your status with respect to being a permanent resident, but you can't renew a green card when you are outside the US.

It us likely that your status as a permanent resident expired a number of years ago, perhaps as many as nine years ago (12 months outside the US), and if you don't have continuing ties to the US, such as a a home, bank account, car, medical insurance, etc. then the chances of you contesting the forfeiture of your status as a permanent resident is slim to none.

thehawk2525 Sep 8th 2017 4:11 pm

Re: Confused about GC and travelling as tourist.
 
Thank you Rete and Pulaski.
Pulaski,the expiry date on the GC is 2007.
I dont have any intention of permanent residence in the U.S any more.

Read something about the ramifications of GC surrender(perhaps that was for a valid GC) and just wanted to make sure I was good to go in case I triggered something at U.S Immigration on arrival by retaining the expired GC.

Pulaski Sep 8th 2017 4:15 pm

Re: Confused about GC and travelling as tourist.
 

Originally Posted by thehawk2525 (Post 12334198)
Thank you Rete and Pulaski.
Pulaski,the expiry date on the GC is 2007.
I dont have any intention of permanent residence in the U.S any more.

Read something about the ramifications of GC surrender(perhaps that was for a valid GC) and just wanted to make sure I was good to go in case I triggered something at U.S Immigration on arrival by retaining the expired GC.

Filing an I-407 would draw a tidy line under your time as a US permanent resident, but it isn't necessary, and under your circumstances you can apply for an ESTA and enter the US as a visitor on the VWP without any likelihood of experiencing a problem.

thehawk2525 Sep 8th 2017 4:17 pm

Re: Confused about GC and travelling as tourist.
 
Filing an I-407 would draw a tidy line under your time as a US permanent resident, but it isn't necessary, and under your circumstances you can apply for an ESTA and enter the US as a visitor on the VWP without any likelihood of experiencing a problem.

Pulaski,do you think I can apply for ESTA before I surrender the GC ?

thehawk2525 Sep 8th 2017 4:20 pm

Re: Confused about GC and travelling as tourist.
 
Mr Pulaski,do you think I can apply for ESTA today before I surrender my GC or to be safe rather than sorry surrender the GC first?

mrken30 Sep 8th 2017 4:23 pm

Re: Confused about GC and travelling as tourist.
 
If you had over $2mn in assets you may be subject to an exit tax.

Noorah101 Sep 8th 2017 4:24 pm

Re: Confused about GC and travelling as tourist.
 

Originally Posted by thehawk2525 (Post 12334207)
Mr Pulaski,do you think I can apply for ESTA today before I surrender my GC or to be safe rather than sorry surrender the GC first?

You can apply for ESTA now.

Rene

thehawk2525 Sep 8th 2017 4:25 pm

Re: Confused about GC and travelling as tourist.
 
If you had over $2mn in assets you may be subject to an exit tax.
__________________

No Chance.

thehawk2525 Sep 8th 2017 4:27 pm

Re: Confused about GC and travelling as tourist.
 
Thank you mrken30 and Noorah101

thehawk2525 Sep 8th 2017 4:33 pm

Re: Confused about GC and travelling as tourist.
 
My son wants to travel with me,he has dual citizenship(UK-US) his U.S passport has been expired for quite a few years,can he use his valid UK passport or I think I read he will have to travel on his U.S passport.

mikelincs Sep 8th 2017 4:49 pm

Re: Confused about GC and travelling as tourist.
 

Originally Posted by thehawk2525 (Post 12334225)
My son wants to travel with me,he has dual citizenship(UK-US) his U.S passport has been expired for quite a few years,can he use his valid UK passport or I think I read he will have to travel on his U.S passport.

As he is a US citizen, then US law states that he must arrive and leave on a valid US passport, he should get it replaced ASAP.

MidAtlantic Sep 8th 2017 4:49 pm

Re: Confused about GC and travelling as tourist.
 

Originally Posted by thehawk2525 (Post 12334225)
My son wants to travel with me,he has dual citizenship(UK-US) his U.S passport has been expired for quite a few years,can he use his valid UK passport or I think I read he will have to travel on his U.S passport.

US citizens must use a US passport to enter and leave the USA.

Pulaski Sep 8th 2017 5:21 pm

Re: Confused about GC and travelling as tourist.
 

Originally Posted by mikelincs (Post 12334241)
As he is a US citizen, then US law states that he must arrive and leave on a valid US passport, ....


Originally Posted by MidAtlantic (Post 12334242)
US citizens must use a US passport to enter and leave the USA.

In practice not all do though, and the implications of entering the US on a non-US passport are unpredictable, as I have seen a number of reports of US citizens entering the US without any apparent negative impact. Added to which it is unconstitutional to deny a US citizen entry to the US.


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