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Giving up green card and entering on a tourist visa

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Old 06-28-2009, 07:15 PM     #1
Tracey99
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Default Giving up green card and entering on a tourist visa

Hi all, - I came here before and found the advice helpful so I am back!
My boyfriend is an English citizen who has a green card but has not been out of the country for 17 months.

He wants to come and visit me. I don't think his green card will still be valid due to amount of time away. What would happen if he entered on a tourist visa? I would assume that they will see that he has a green card, at which point he plans to say that he thought it was no longer valid and hence he is visiting on a tourist visa.

Will they just invalidate there? Could they send him back home and not let him in on a tourist visa. What would happen if he entered on a tourist visa but still had the green card?

We are still trying to figure out the best option............

Thanks - Tracey
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Old 06-28-2009, 07:49 PM     #2
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Default Re: Giving up green card and entering on a tourist visa

maybe it would be easier if you visited him :-)
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Old 06-29-2009, 01:03 PM     #3
chris
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Default Re: Giving up green card and entering on a tourist visa

Inn Vic,
Where's your sense of romance?? You know that we men have to go through hell and high water for you women???
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Old 06-29-2009, 01:35 PM     #4
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Default Re: Giving up green card and entering on a tourist visa

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Inn Vic,
Where's your sense of romance?? You know that we men have to go through hell and high water for you women???
I think men should have to go through hell and high water for the love of a good woman - but even I would draw the line at putting someone in a situation where they may have forefeit their GC status for good.

Anyway this question has already been answered in a previous thread. The OP was advised to speak to an attorney and I believe she did. Obviously the attorney will be in possession of all the facts and therefore be in a better position to advise.
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Old 07-15-2009, 05:32 AM     #5
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Default Re: Giving up green card and entering on a tourist visa

when I spoke with the attorney we were both thinking that he would try to "save" his green card. After thinking that through it won't happen so now he wants to give it up and come in on a tourist visa. I have been back to UK to see him, but I am working and he is currently not, so it makes more sense for him to come to me
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Old 07-16-2009, 03:32 AM     #6
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Default Re: Giving up green card and entering on a tourist visa

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Originally Posted by Tracey99 View Post
when I spoke with the attorney we were both thinking that he would try to "save" his green card. After thinking that through it won't happen so now he wants to give it up and come in on a tourist visa. I have been back to UK to see him, but I am working and he is currently not, so it makes more sense for him to come to me
For how long?
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Old 07-16-2009, 05:32 AM     #7
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Default Re: Giving up green card and entering on a tourist visa

Quote:
Originally Posted by Tracey99 View Post
Hi all, - I came here before and found the advice helpful so I am back!
My boyfriend is an English citizen who has a green card but has not been out of the country for 17 months.

He wants to come and visit me. I don't think his green card will still be valid due to amount of time away. What would happen if he entered on a tourist visa? I would assume that they will see that he has a green card, at which point he plans to say that he thought it was no longer valid and hence he is visiting on a tourist visa.

Will they just invalidate there? Could they send him back home and not let him in on a tourist visa. What would happen if he entered on a tourist visa but still had the green card?

We are still trying to figure out the best option............

Thanks - Tracey
If he was coming to visit for less than 90 days he could come on the visa waiver and hand back his green card at the POE

If you are still an item, it may be possible to save his green card but only an immigration attorney can give you an opinion on how if it can be done, maybe there are strong personal reasons why he could not come back.

I do know that if you are a green card holder and intend to stay out of the US for that period of time you should apply for a re entry permit before you leave the us
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Please note I am not a lawyer but want to be so this is just IMHO
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Old 07-16-2009, 03:14 PM     #8
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Default Re: Giving up green card and entering on a tourist visa

There is a form to complete to surender your GC.

I do not think it is something you can do at a PoE

You could try for a SB1, has he been filing taxes maintained a US Domicile?

Otherwise a 90 day stay, with a US Fiancee and no job....
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Old 07-18-2009, 02:40 AM     #9
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Default Re: Giving up green card and entering on a tourist visa

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There is a form to complete to surender your GC.

....
Form I-407
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Old 07-20-2009, 04:58 AM     #10
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Default Re: Giving up green card and entering on a tourist visa

Thanks again Ray and others - I had wondered if he could give it up at customs when he enters the USA, but I guess not. He would come on vacation for probably 2 months. Anyone know how long it takes to "process" giving it up? Would that be a problem if he did the paperwork but was still in progress when he entered on a tourist visa?
And yes I do go back to see him, but as he isn't currently working he wants to come for an extended time before he gets a job (in UK) and limited vacation.
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Old 08-07-2009, 09:19 PM     #11
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Default Re: Giving up green card and entering on a tourist visa

Quote:
Originally Posted by Tracey99 View Post
Thanks again Ray and others - I had wondered if he could give it up at customs when he enters the USA, but I guess not. He would come on vacation for probably 2 months. Anyone know how long it takes to "process" giving it up? Would that be a problem if he did the paperwork but was still in progress when he entered on a tourist visa?
And yes I do go back to see him, but as he isn't currently working he wants to come for an extended time before he gets a job (in UK) and limited vacation.
I do not know the process time.

But that is not a good scenario for seeking admittance under the VWP.
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Old 11-21-2009, 09:59 PM     #12
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Default Re: Giving up green card and entering on a tourist visa

well an update 3 mths later. He came in on a tourist visa and gave up the green card at POE. Now he is going back to uk and I will be back trying to figure out our next plan of action! Not sure what was meant by VWP (is that visa work program?) as that was never our intent? Thanks Tracey
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Old 11-21-2009, 11:37 PM     #13
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Default Re: Giving up green card and entering on a tourist visa

VWP is visa WAIVER program
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Old 11-22-2009, 01:13 AM     #14
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Default Re: Giving up green card and entering on a tourist visa

Thanks InnVic - I realised that after my comment. Is that for people who require tourist visas? From the UK you can enter with just a UK passport for 3 months as a tourist?
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Old 02-03-2010, 12:01 PM     #15
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Default Re: Giving up green card and entering on a tourist visa

Hi Tracey,

I am in an almost identical situation to your boyfriend. What was his experience like at the POE?

Thanks!
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