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Turning in Green Card, using ESTA again? Anyone did this

Turning in Green Card, using ESTA again? Anyone did this

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Old Mar 15th 2013, 9:01 pm
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Default Turning in Green Card, using ESTA again? Anyone did this

Has anyone here actually LEFT the United States, and turned in their Green Card? If and when you do, can you use ESTA again to visit the US, or do you need to apply for a real visa.

The ESTA form asks
F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? *

If you hand your GC (which remains a visa in a way) in, is this then a canceled VISA...Maybe not

So has anyone here actually done this before?
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Old Mar 15th 2013, 9:04 pm
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Originally Posted by Geert81
Has anyone here actually LEFT the United States, and turned in their Green Card?
I've seen posts on here where they have, yes.

If and when you do, can you use ESTA again to visit the US, or do you need to apply for a real visa.
You can apply for ESTA and travel on the VWP, if you qualify.

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? *
I don't know if any of those apply to your past immigration history. Turning in your green card does not apply to the 3 things above.

If you hand your GC (which remains a visa in a way) in, is this then a canceled VISA...Maybe not
No, it's not. A green card (permanent resident card) is in no way a visa.

Rene
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Old Mar 15th 2013, 9:05 pm
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Use the Visa Waiver Program again, or need a visa.
Originally Posted by Geert81
Has anyone here actually LEFT the United States, and turned in their Green Card? If and when you do, can you use ESTA again to visit the US, or do you need to apply for a real visa.
Definitely not. A green card is an ID card.
Originally Posted by Geert81
If you hand your GC (which remains a visa in a way) in, is this then a canceled VISA...Maybe not
Regards, JEff

Last edited by jeffreyhy; Mar 15th 2013 at 9:07 pm.
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Old Mar 15th 2013, 11:19 pm
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Several of my relatives have done this, np.
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Old Mar 16th 2013, 1:51 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

I gave up my Green Card then travelled to the US on the visa waiver scheme - it was before Esta. No problems.
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Old Mar 16th 2013, 2:04 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Originally Posted by Geert81
.....Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?
Green card no way equates to a visa, visa gets you in, green card is concerned with your status after admission. I also do not think that handing in a green card or renouncing residency equates to cancellation.
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Old Mar 16th 2013, 2:07 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Is there some advantage in "giving up" the GC that I am missing?
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Old Mar 16th 2013, 3:45 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Gets the IRS off your back is the only one I can think of.

Being a permanent resident means exactly that, you must pay US taxes.
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Old Mar 16th 2013, 9:27 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

I know someone who lived in the US for decades but left a few years after 9/11 and returned her Green Card as a political gesture in protest at what she saw as increasing infringement on civil liberties. She claims she is now banned from the US. At the time she told me that I didn't know anything about the immigration system and assumed she was telling the truth. Now I suspect she was telling porkies to make herself sound more hard core. (Though, in fairness, I don't know exactly how she went about giving the card back. Maybe she sent it along with a letter threatening to bring hell fire on the US and genuinely did receive a ban. .)
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Old Mar 17th 2013, 3:51 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Originally Posted by RICH
Is there some advantage in "giving up" the GC that I am missing?
It was a while ago but as I recall... Mine was a conditional green card. I didn't stay in the US long enough for the conditional status to be removed. So it became an invalid conditional green card. I formally gave it back so that I could visit the US as a visitor rather than having them ask why I still had an expired conditional green card when I arrived at immigration.
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Old Mar 17th 2013, 3:52 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Originally Posted by Apfelkuchen
I know someone who lived in the US for decades but left a few years after 9/11 and returned her Green Card as a political gesture in protest at what she saw as increasing infringement on civil liberties. She claims she is now banned from the US. At the time she told me that I didn't know anything about the immigration system and assumed she was telling the truth. Now I suspect she was telling porkies to make herself sound more hard core. (Though, in fairness, I don't know exactly how she went about giving the card back. Maybe she sent it along with a letter threatening to bring hell fire on the US and genuinely did receive a ban. .)
I gave my green card back but have since applied for and received another one.
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Old Mar 18th 2013, 1:38 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

My son gave up his GC voluntarily last year as he has been out of the US for more than a year rather than risk problems at immigration. he then visited us on an ESTA last month, absolutely no probs.
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Old Mar 18th 2013, 1:59 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Originally Posted by HPLow
My son gave up his GC voluntarily last year as he has been out of the US for more than a year rather than risk problems at immigration. he then visited us on an ESTA last month, absolutely no probs.
That's where I was going. If you are gone a year, the PR status will likely expire, regardless of the date on the card, so "handing it in" is just polite. Serves no purpose.
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Old Mar 18th 2013, 2:12 am
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Originally Posted by RICH
That's where I was going. If you are gone a year, the PR status will likely expire, regardless of the date on the card, so "handing it in" is just polite. Serves no purpose.
Actually it all depends on the immigration Offcer, one of them told me i should not be out of the country for more than 6 mths. But it all comes down to the magic word -"intent" to stay in the country. This is another chapter altogether and I am sure has been raised in the past
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Old Mar 18th 2013, 1:07 pm
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Default Re: Turning in Green Card, using ESTA again? Anyone did this

Originally Posted by HPLow
Actually it all depends on the immigration Offcer, one of them told me i should not be out of the country for more than 6 mths.
Funny that he should even mention that... since the GC is valid as a entry document for up to 1 year. That said... even if someone was outside the US for more than a year, US law states that if you have ever had a claim to PR status, you have the right to see a US immigration judge who will determine whether or not you have abandoned your status. No one other than an IJ has that authority... not USCIS and certainly not a CBP officer.


But it all comes down to the magic word -"intent" to stay in the country.
The issue of intent revolves around whether or not you intend to abandon the US as your permanent residence. Time outside the US, by itself, is insufficient for a finding of abandonment of status as a PR. There must also be the intent to abandon status.

Ian

Last edited by ian-mstm; Mar 18th 2013 at 1:14 pm.
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