HELP please!!

[AussieAmerican 0]

you do not apply to lift conditions? Are they going to come to my house and throw me out of the country? I ask because our plans have changed and we now are moving back to Australia a little under 2 months after Visa expires. We're on a CR1 + CR2

Any help/advice/suggestions would be greatly appreciated

[YuAndDan 153]

Visa or conditional green card expires?

If conditional green card expires USCIS will begin deportation proceedings, but NO USCIS will not come to your home and arrest you.

US YOU http://www.visajourney.com/timeline/profile.php?id=13540

[AussieAmerican 0]

Conditional Green Card expires, sorry.

At what point does the deportation process begin, and how long does it take?

[desert_fox 32]

Conditional Green Card expires, sorry.

At what point does the deportation process begin, and how long does it take?

When the conditional expires, and you did not apply for removal of conditions, they will just send you a letter telling you that you must leave the US by some date. They wont bother putting you in removal proceedings.

If you change your mind in a year about returning to Aus....it would be better to remove conditions, at least you could come back without problems.

[Jasman0717 8]

You would be out of status. I don't think you need to work about two months.

Edited December 15, 2007 by jasman0717

[AussieAmerican 0]

Conditional Green Card expires, sorry.

At what point does the deportation process begin, and how long does it take?

When the conditional expires, and you did not apply for removal of conditions, they will just send you a letter telling you that you must leave the US by some date. They wont bother putting you in removal proceedings.

If you change your mind in a year about returning to Aus....it would be better to remove conditions, at least you could come back without problems.

Thanks for your reply Any idea on how long they give you to leave? I'm assuming that leaving less than 2 months after the expiry date shouldn't cause too many problems, but then again - you never know! There just is no point paying that obscene amount of money to lift conditions when we will not be remaining here. We also have VISA costs going the other direction to worry about, as well and a surprise pregnancy.

There won't be any changing minds, it's set in stone now. We would like to be able to come back to the US in the future for the kids to be able to visit their family, so I just hope we don't incur a ban and would be able to use the VWP for that purpose.

[EsOrEnNa 0]

to be honest i dunno if they let u back in the US in a couple years.. u might wanna check that out..

[Pascal07 0]

This is just my personal opinion, but if I were you I would go through the removal of conditions process before returning to Aus. It's a small amount of money to pay compared to the benefits you gain from permanent residency. Even if you don't plan right now to come back to live in the US, plans have a way of changing down the road. We're all really privileged to have permanent residency in the US, considering how hard it is to get into the US! I would look at this as an investment in your future

Again, just my personal opinion, I realize every situation is different...

[eau_xplain 2]

I would suggest you consult an experienced immigration lawyer. You do not want any "removal order" or "deportation order" to show on your records in the event that you decide to come back to the US (whether for a visit or for residence).

[maya62 7]

Oy! Don't burn those bridges, eh! At least find out what the repercussions could be and make an informed decision...

$.02

Maya

[Chica Yeyé 41]

Oy! Don't burn those bridges, eh! At least find out what the repercussions could be and make an informed decision...

$.02

Maya

Wise words

[AussieAmerican 0]

This is just my personal opinion, but if I were you I would go through the removal of conditions process before returning to Aus. It's a small amount of money to pay compared to the benefits you gain from permanent residency. Even if you don't plan right now to come back to live in the US, plans have a way of changing down the road. We're all really privileged to have permanent residency in the US, considering how hard it is to get into the US! I would look at this as an investment in your future

Again, just my personal opinion, I realize every situation is different...

On the surface your argument makes sense, but look beneath a layer or two and you'll realize that even by lifting the conditions we will LOSE the permanent residency when we live outside the USA for longer than a year. We would have to re-apply for the ENTIRE immigration process again if we want to live here in the future. So, for a somewhat struggling family of 6..throwing $700 odd dollars away on removing conditions for a period of 40 days in order to stay (in-status) seems ridiculous to say the least. I guess I'd rather fly international pregnant on my own with all the kids while my husband is deployed to avoid the penalty if there were one. We just don't have that kind of money to throw around, considering we've moved all these people over 2 continents 4 times in 2 years. It gets expensive!! The immigration Visa itself to move INTO Australia is going to cost $1300. Plus the cost of moving our entire household goods and flying us all back. ARGGGH!!

I do however appreciate everyone's 2cents I think I'll just call USCIS and ask them from the horses mouth. I'd hate to not be able to visit my lovely inlaws because of an overstay! LOL

[tweety 1]

I was just on about to suggest to fly back right before the card expires - this way you won't have to deal with USCIS and the I751 removal of conditions.

But of course it would depend if it is possible for you to do that at that stage in pregnancy.

Hope you'll find a solution - All the best to you and your family!

[Pascal07 0]

You can actually apply for something that's called "extended leave", or something like that. If you know you're going to be out of the country for more than a year, you can apply for this and you'll stay in status (i.e. you won't lose your permanent residency). Maybe someone else on this forum has more details about that, I'm not very familiar with the process.

Your argument makes a lot of sense though -- it IS a lot of money! I guess we're just encouraging you to look at all your options, because you just seem SO close to being done with this process that you should be very certain if you're going to abandon it this close to the finish line.

Hey -- all the best! Everyone's situation is different, and we can give advice from our experience but you know your situation the best!!

This is just my personal opinion, but if I were you I would go through the removal of conditions process before returning to Aus. It's a small amount of money to pay compared to the benefits you gain from permanent residency. Even if you don't plan right now to come back to live in the US, plans have a way of changing down the road. We're all really privileged to have permanent residency in the US, considering how hard it is to get into the US! I would look at this as an investment in your future

Again, just my personal opinion, I realize every situation is different...

On the surface your argument makes sense, but look beneath a layer or two and you'll realize that even by lifting the conditions we will LOSE the permanent residency when we live outside the USA for longer than a year. We would have to re-apply for the ENTIRE immigration process again if we want to live here in the future. So, for a somewhat struggling family of 6..throwing $700 odd dollars away on removing conditions for a period of 40 days in order to stay (in-status) seems ridiculous to say the least. I guess I'd rather fly international pregnant on my own with all the kids while my husband is deployed to avoid the penalty if there were one. We just don't have that kind of money to throw around, considering we've moved all these people over 2 continents 4 times in 2 years. It gets expensive!! The immigration Visa itself to move INTO Australia is going to cost $1300. Plus the cost of moving our entire household goods and flying us all back. ARGGGH!!

I do however appreciate everyone's 2cents I think I'll just call USCIS and ask them from the horses mouth. I'd hate to not be able to visit my lovely inlaws because of an overstay! LOL