Abandoned permanent residence

[Stann 3]

Hi

I hope you can help me.

I moved back to the UK from the US in July of last year. I did not turn my greencard in but I understand I have officially abandoned my permanent residence as I have been out of the US over 6 months.

I meant to turn it in the right way but just kept procrastinating and had no plans to visit the US anyway.

Now I have to travel there for a funeral and I need to leave Monday. I have checked the US embassy in London's website and I see I have to turn it in but I don't have the turn around time to do that and fly Monday as its Thursday now.

I was planning on filing for an ESTA and travelling on my UK passport as a normal tourist as I understand that I have abandoned my greencard but am I going to get a tough time from US immigration when I try to enter the US?

Is it worth contacting the embassy to see if I can turn it in personally??

I am very upset with myself for not turning it in properly sooner.

Any advice would be great

[Harpa Timsah 13,258]

If you have been out less than a year you have not abandoned your GC. Do you want to abandon it?

I think ESTA would be denied since you are currently a GC holder. You might want to relinquish the card formally if that is your intention, and then try ESTA.

[Boiler 43,852]

VJ is ####### at showing back history, your basic premise is wrong however.

[Stann 3]

I thought it was over 6 months that was considered abandoning it not 1 year and I have been out over 6 months?

[Boiler 43,852]

When you obtained your GC you would have been given a rough outline of how to keep your GC. You could lose it in a day or keep it for years. It depends.

If you surrender it or an IJ rules against you that would be a done deal.

[Harpa Timsah 13,258]

You are allowed to leave for up to a year without needing any special permission. But, if you leave with the intent to take up residence somewhere else, you could lose it right away.

So you have not yet clearly lost your GC right, nor clearly kept it.

[Stann 3]

VJ is ####### at showing back history, your basic premise is wrong however.

Could you expand on that point at all???

[Stann 3]

So should I just travel on the greencard as normal as its been less than one year or will they deny me? So confused and stressed right now

[Boiler 43,852]

Could you expand on that point at all???

I did.

Knowing nothing of your circumstances it would be inappropriate for me to comment.

[Stann 3]

I did.

Knowing nothing of your circumstances it would be inappropriate for me to comment.

Thanks

Edited May 15, 2014 by Stann

[pushbrk 12,277]

So should I just travel on the greencard as normal as its been less than one year or will they deny me? So confused and stressed right now

That appears to be the only option for which you have enough time. Surrender the green card when you leave. If you don't get in, so be it.

[Boiler 43,852]

I do not how common this, but I have seen people seeking entry on a GC with a long gap being given the option to relinquish their GC and enter as visitor.

The POE can not take your GC away, theoretically they could detain you but never seen that happen, seems a NTA to appear in fron of an IJ is what they do if they want to push it.

[bdawn 66]

You have made the decision to abandon your GC, but technically you have not abandoned it since you haven't been outside the United States for 12 months or more. You can travel on the green card tomorrow if you want. My brother stayed outside the United States for 11 months and returned without any problem. He had planned to abandoned his GC but changed his mind later. When you return from the trip and you are absolutely certain you want to abandon it, you can follow the rules and do it officially.

Hi

I hope you can help me.

I moved back to the UK from the US in July of last year. I did not turn my greencard in but I understand I have officially abandoned my permanent residence as I have been out of the US over 6 months.

I meant to turn it in the right way but just kept procrastinating and had no plans to visit the US anyway.

Now I have to travel there for a funeral and I need to leave Monday. I have checked the US embassy in London's website and I see I have to turn it in but I don't have the turn around time to do that and fly Monday as its Thursday now.

I was planning on filing for an ESTA and travelling on my UK passport as a normal tourist as I understand that I have abandoned my greencard but am I going to get a tough time from US immigration when I try to enter the US?

Is it worth contacting the embassy to see if I can turn it in personally??

I am very upset with myself for not turning it in properly sooner.

Any advice would be great

[pushbrk 12,277]

You have made the decision to abandon your GC, but technically you have not abandoned it since you haven't been outside the United States for 12 months or more. You can travel on the green card tomorrow if you want. My brother stayed outside the United States for 11 months and returned without any problem. He had planned to abandoned his GC but changed his mind later. When you return from the trip and you are absolutely certain you want to abandon it, you can follow the rules and do it officially.

Each entry is a judgment call. The OP can hope for the same result your brother experienced, but there's no guarantee of that.

[Boiler 43,852]

And no 12 month abandonment.