Green Card holder but haven't visited America for 3 years

[AS&YI 0]

Hi All,

 

My ex-wife is visiting America in July. Just about 3 years after she was last in America. Before she left she got a re-entry permit but never came to America with it. She did not want citizenship and she doesn't need her green card anymore. She is coming from Japan.

 

I assume they will take her green card at the port of entry. This isn't an issue. However, I am not certain if they will temporarily let her into the country. She has no intention to reside in the states and has a round trip ticket back to Japan. I told her to speak to a lawyer and see if she needs to apply to ESTA.

 

Has anyone here been in a similar situation? I know it is a long shot but I would like to hear your advice. 

 

Thanks

[TNJ17 1,329]

Her greencard is abandoned as she has not fulfilled the requirements of a permanent resident. Her greencard is no longer valid. 3 years is too long for a reentry. They won’t let her in on her greencard. She needs to apply for a tourist visa if she’s only coming here for a visit. If she wants her greencard back, you will have to start the spousal visa process all over again. That means paying the fees too. You may try consulting with a lawyer to see if she can get her greencard reinstated if she wants to move back but chances are her greencard has been considered abandoned. 

[Boiler 47,526]

Is she eligible for the VWP.

[geowrian 22,339]

She should formally relinquish the green card via an I-407 (https://www.uscis.gov/i-407) and then she can visit using an ESTA or valid visa.

How did she obtain her green card...via an immigrant visa abroad or through AOS within the US? If it was AOS within the US, did she overstay at any point? If so, she is ineligible for an ESTA (assuming she is a citizen of a VWP country...Japan is). Otherwise, she is free to apply and it likely won't be an issue at that point.

Edited June 4, 2018 by geowrian

[SusieQQQ 11,588]

35 minutes ago, AS&YI said:

 

I assume they will take her green card at the port of entry. This isn't an issue. However, I am not certain if they will temporarily let her into the country. She has no intention to reside in the states and has a round trip ticket back to Japan. I told her to speak to a lawyer and see if she needs to apply to ESTA.

 

 

“If” she needs to apply for ESTA? She needs to have something to enter with.  It clearly won’t be her abandoned geeen card, so she needs to either apply for ESTA or a tourist visa. They won’t just let her in “temporarily” without either a visa or a visa waiver (which requires an ESTA of course)!

Edited June 4, 2018 by SusieQQQ

[WeGuyGal 1,052]

1 hour ago, AS&YI said:

Hi All,

 

My ex-wife is visiting America in July. Just about 3 years after she was last in America. Before she left she got a re-entry permit but never came to America with it. She did not want citizenship and she doesn't need her green card anymore. She is coming from Japan.

 

I assume they will take her green card at the port of entry. This isn't an issue. However, I am not certain if they will temporarily let her into the country. She has no intention to reside in the states and has a round trip ticket back to Japan. I told her to speak to a lawyer and see if she needs to apply to ESTA.

 

Has anyone here been in a similar situation? I know it is a long shot but I would like to hear your advice. 

 

Thanks

Assuming the green card has a date that is not expired, she could be allowed to board a US-bound flight. Being admitted thereafter into the US is entirely another matter. CBP could make a determination that she abandoned her US residence, and thus ineligible to keep her green card.

 

Safer to officially renounce the physical green card at an embassy and go for a visa/esta. 

[AS&YI 0]

Hi All,

 

Thanks for the replies. The ESTA is the VWP. She should qualify for that. She got her green card through AOS in the US but was on a student visa and did not overstay. 

 

Thanks for the advice on the I-407. It looks like she can apply at the port of entry. Assuming that her ESTA is approved this would be the easiest for her. 

 

https://www.uscis.gov/i-407

 You may also submit Form I-407 to a U.S. Customs and Border Protection officer at a U.S. port of entry.

 

 

 

[Boiler 47,526]

ESTA is not the VWP.

 

She needs to make her miimd up, seems like she needs to abnadon her GC.

[mindthegap 2,652]

On 6/4/2018 at 3:28 AM, AS&YI said:

I assume they will take her green card at the port of entry. 

Maybe. The physical card is proof of status, not the status itself. In other words, if they confiscate the card, that does not mean she is no longer a LPR - only an immigration judge can strip someone of their status. 

She should not be pressured( which can and does happen) into signing an I-407 at her POE. If she signs it at the border, she won't be admitted as a LPR/paroled for a hearing, and she cannot apply ahead of time for a valid ESTA (or be VWP eligible) as a LPR. Catch 22 situation and flight back.

 

Safer to enter as a LPR and file an I-407 at an embassy.

 

On 6/4/2018 at 3:28 AM, AS&YI said:

However, I am not certain if they will temporarily let her into the country.

Yes.

Either admitted as a LPR, or referred to an immigration judge for a hearing. 

 

 

On 6/4/2018 at 4:46 AM, WeGuyGal said:

Assuming the green card has a date that is not expired, she could be allowed to board a US-bound flight.

You can board a carrier to the US with an expired ten year card (carrier guide, page 36).

[Boiler 47,526]

If you seek entry as a LPR you could be paroled in, or detained. Pending a hearing before an IJ.

[SusieQQQ 11,588]

2 hours ago, mindthegap said:

Maybe. The physical card is proof of status, not the status itself. In other words, if they confiscate the card, that does not mean she is no longer a LPR - only an immigration judge can strip someone of their status. 

She should not be pressured( which can and does happen) into signing an I-407 at her POE. If she signs it at the border, she won't be admitted as a LPR/paroled for a hearing, and she cannot apply ahead of time for a valid ESTA (or be VWP eligible) as a LPR. Catch 22 situation and flight back.

 

Safer to enter as a LPR and file an I-407 at an embassy.

 

Yes.

Either admitted as a LPR, or referred to an immigration judge for a hearing. 

 

 

You can board a carrier to the US with an expired ten year card (carrier guide, page 36).

 

47 minutes ago, Boiler said:

If you seek entry as a LPR you could be paroled in, or detained. Pending a hearing before an IJ.

OP seems to make it clear his ex wife has no interest in retaining the green card and just wants to visit? He said “She has no intention to reside in the states and has a round trip ticket back to Japan”. 

Why would she hassle with trying to get paroled in and having to appear before a judge?

 

surely what makes most sense for her is to relinquish the green card at her home embassy and apply for an ESTA?

Edited June 5, 2018 by SusieQQQ

[mindthegap 2,652]

13 minutes ago, SusieQQQ said:

 

OP seems to make it clear his ex wife has no interest in retaining the green card and just wants to visit? He said “She has no intention to reside in the states and has a round trip ticket back to Japan”. 

Why would she hassle with trying to get paroled in and having to appear before a judge?

 

surely what makes most sense for her is to relinquish the green card at her home embassy and apply for an ESTA?

I can read.

That is all very well and good but only works if she is approved for an ESTA and otherwise VWP eligible, which you wouldn't know until a 407 is filed and dealt with. If not able to get an ESTA, then it is visa time, with an uncertain timeline and risk of non-approval.

 

To me, the path of least resistance and lowest risk would be enter using the GC, and file an I-407 when in the US or when back in Japan at an embassy.

If in the US for a short while she would be unlikely to be detained to appear before a judge or receive an NTA when in the US - the backlog and waitlist is very long, and as a LPR case would be low priority for immigration court.

Edited June 5, 2018 by mindthegap

[SusieQQQ 11,588]

30 minutes ago, mindthegap said:

I can read.

That is all very well and good but only works if she is approved for an ESTA and otherwise VWP eligible, which you wouldn't know until a 407 is filed and dealt with. If not able to get an ESTA, then it is visa time, with an uncertain timeline and risk of non-approval.

 

To me, the path of least resistance and lowest risk would be enter using the GC, and file an I-407 when in the US or when back in Japan at an embassy.

If in the US for a short while she would be unlikely to be detained to appear before a judge or receive an NTA when in the US - the backlog and waitlist is very long, and as a LPR case would be low priority for immigration court.

You think the path of least risk for a tourist visit is trying to enter using a green card that will not only almost certainly be deemed abandoned but that holder doesn’t even want anymore? That doesn’t make any sense to me, but I guess it’s an opinion.

Edited June 5, 2018 by SusieQQQ

[Boiler 47,526]

Could end up being detained pending IJ.

[Crazy Cat 44,603]

Can someone in this position be detained at POE and held until an IJ hears the case? I'm asking.....