Re-entry permit for a holiday?

[danae 0]

Really wasn't sure where to post this, so apologies if it is ill placed...

Basically I moved from the UK to the US and married an American and subsequently obtained a Conditional Residency visa. After spending a year there, we all decided to move back to the UK. At the time it didn't occur to me what effects this may have on my future plans to visit the US.

Well we now hope to travel back to the US this year to visit family, but am not sure if I will be refused due to breaking the conditions of my visa by taking up residency elsewhere.

Ive read about re-entry permits, but am not sure if this applies as I dont wish to resume my visa, I just want to visit for a couple of weeks.

I have attempted to contact the US embassy, but they are not getting back to me.

Any input would be hugely appreciated! Thankyou x

[gwenneh 7]

If by Conditional Residency visa (there is no such animal) you mean 2 year green card, then yes, you may have issues. The one and only time we were pulled aside for questioning, we were behind a couple who had done just what you have done, and they were refused clearance. The wife had to surrender her green card, and I don't know if they were eventually let through or not.

If you have not surrendered your green card, do it. You'll need to submit a form I-407 (Abandonment of Lawful Permanent Resident Status). I'm sure someone more knowledgeable will come along and fill in the gaping holes - I just wanted to let you know that from what I witnessed, this will cause trouble if you don't go through the steps to get it cleared up.

[JeremyR 8]

Semi-related question, could be relevant to the OP:

If someone terminates their permanent residency properly, returns their green card, leaves the US without accruing overstay, etc, does that person then become eligible to use the VWP again? Assuming they were eligible before they were issued their original visa, of course.

[gwenneh 7]

Yes, they do.