Surrender and re-apply?

[Tat2dag 0]

Hello.

First off, this forum has been a Godsend with regards to figuring out how to best manage my situation. So thaanks to those who take the time to provide information and share their experiences.

Here's my situation... I have held a GC for over 25 years, but relocated to Vancouver, Canada about three years ago. I am assuming that my GC is considered invalid (though I have never had that verified, as I travel across the border with my CA passport). We are planning to move back to the States within the next 6 months, so I will be initiating a DCF within the next week or so. So here's my questions...

Should I surrender my GC before submitting the I-130? I don't want anything to complicate the process, such as putting a valid Alien Registration number on an application.

Or, should I just move back to the States, not say anything about my GC, and just act like I never left? I'm pretty sure I know the answer to this, but thought I'd ask.

Lastly, is there any value in having all my Packet 3 info put together at the time we submit the I-130? Is it possible to immediately submit it once the I-130 is approved?

Thanks a lot.

Graeme

[trailmix 77]

Well I think the first thing you have to look at is item 2 - do you try to enter the U.S. using your greencard.

I'm sure you have looked at the criteria for maintaining permanent residency:

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

- Move to another country intending to live there permanently

- Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

- Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

- Fail to file income tax returns while living outside of the United States for any period

- Declare yourself a “nonimmigrant” on your tax returns

Now I don't know how many of these apply to you, perhaps all?

Anyway, i'm no expert on this, but I don't think you will know if you can just enter using your greencard unless you try. It says you "may" which leads me to believe it's open for interpretation. The border guard on the day will make that call, I believe.

As to your other questions - I don't know about surrendering the green card, as for the additional info - you can't submit it until Montreal requests it from you, with DCF that generally takes a couple of months - even then, they will only want the DS-230 part 1, the rest you will take to the interview. Once submitted you are looking at a 3-4 month wait for your interview in Montreal.

Edited June 18, 2010 by trailmix

[Kathryn41 3,205]

I would proceed based on the assumption that you have abandoned your green card. Basically - you have - and you yourself know this.. I would proceed with the DCF process and be up front - tell the Consulate that you had a green card and left 3 years ago, which effectively cancelled the green card. Tell them that you now wish to return to the US and know you need to re-apply for a new green card. Send in a copy of your green card and use the same alien numbers that you originally had, but keep the card until you are asked to surrender it - either before via mail or at the interview.

Definitely DO NOT try to cross into the US and pretend that you never left. To do so would be misrepresentation and that has serious consequences. There are too many opportunities to be caught in a lie and you don't want that to happen. For instance, if you filed taxes - as your US partner would have had to do regardless of where he lived - the address on the return with the IRS will be out of the country - not just for one year but for 3 years. There is too great of a chance that your abandonment will be discovered - even if it was not until you had to renew your green card. A finding of misrepresentation can be made at any time now or in the future and would lead not only to deportation but most likely a permanent ban. For the amount of time it takes to go through the correct process, recognizing that you moved away from the US for 3 years and now wish to return, it is not worth the ramifications of being found out if you pretend you never left.

You can certainly have all the rest of the information available and ready to go when requested. DCFs generally tend to be processed fairly quickly.

Good luck.

[astronaut 3]

If it were me, I'd be talking to an immigration atty. My husband had a green card when we lived in the US in the 90's for 2 years. It is a TON of work, expense and time to get another green card. (Cannot believe how difficult it is now compared to back in '95) We were shocked and wish we could have spoken to an immigration atty before my husband agreed to the POE officer's request to turn it in. It could have saved us all the stress and trouble we're going through now. This doesn't mean you'll be able to use your current green card, but why not see what your options are before you turn it in?