mishmash

I am a us greencard holder, but I don't currently live in the US.

My question is: Does anyone know how I can find out whether my greencard is still valid without flying to the US?

The last time I visited the states was in 2003.

meauxna

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.
Abandoning Permanent Resident Status


You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently
* Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
* Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

mishmash

Doesn't look too good ah ?

Maybe I could go for a visit to the US and see what happens upon arrival at the airport.

What do you think?

Noorah101

You mean a visit using the VWP? Nothing will happen...you'll either be admitted under the VWP, or if the officer thinks you have immigrant intent, he'll turn you away at the POE.

Rene

Noorah101

You've been away from the USA for 7 years. Have you maintained ANY ties to the USA? Property? Filed tax returns each year? Banking?

From my layman's point of view, I'd guess you have long since abandoned your PR status...but, that's only for an Immigration Judge to determine.

Even back in 2003, you said you visited the USA. If you are a US green card holder, you are supposed to be living in the USA, not visiting it.

Are you planning to live in the USA again?

Rene

mishmash

Yes, I have been thinking about returning to live in the US, but I know I might not be able to now because I haven't lived there for years.

I am wandering whether to visit first with the intention of showing my greencard at the airport, which is what I used to do whenever I left and came back to the US, to see what happens. The last time I visited the US in 2003 emigrations at the airport asked why I wasn't living there and I said I was studying abroad. No further questions were asked and this was the truth.

Noorah101

If you attempt to enter the USA using your green card, the POE officer has to let you in. You will be given an appointment with an Immigration Judge, who will make the determination whether you've abandoned your PR status or not. You will need to show proof that you did NOT intend to abandon your status, and that you've kept up with your ties to the USA while living abroad.

It can take a while (maybe months) to see an Immigration Judge, and you might be spending that time waiting in detention.

If you think you have kept up sufficient ties to the USA, you can try applying for a "returning resident visa" at the US Embassy where you are overseas.

Rene

fatbrit

I hate to say it, but you're in attorney territory here. And not just any attorney but one with the specific experience of your particular problem. Check their references well. You should not make any move without such a professional taking every step with you.

mishmash

I haven't kept up anything in the US.

I returned to the UK, because I became a single parent in the US while studying for a degree. I felt it would be easier to complete my degree in the UK where I had family to help out.

mishmash

Thanks for your responses and information.

Would you happen to know whether I would need a visa to emigrate to Canada? I have a UK British Passport.

Thanks.

ian-mstm

That you are a UK citizen is irrelevant. Yes, you must have a visa if you want to live in Canada, or South Africa, or India, or Australia, or indeed, any Commonwealth country.

Ian

scrubbedexpat099

Did you intend to leave your husband and children behind?

JAJ

Except Malta or Cyprus ... these are also in the EU.

The Horticulturalist

OP states they he/she is a single parent, if I read correctly.

fatbrit

http://britishexpats.com/forum/showp...57&postcount=1