got green card and have now accepted great job back in home country

[irene5269 0]

I never thought we'd EVER consider moving back to Italy after how much it took to get here to America but that's the position my husband and I find ourselves in. He's accepted a fantastic job back in Italy and we'd really be fools not to take it...needless to say, we're taking it What I'm trying to do now is see what kind of hoops must we jump through when we want to vacation or see my side of the family here in America down the road. My husband has his greencard now but on a previous visit to the U.S., a couple of years ago, he overstayed on the visa waiver program by 30 days. It was never even mentioned at the interview in Naples for his greencard. Apparently if the overstay is under 90 days they don't look at it so harshly. So he received his card and is now a permanent resident despite the overstay. Now, we thought we would forgo the re-entry permit process as we are required to be in Italy at the end of this month and don't have the time to file the form and wait for them to tell us where to go to give the biometrics information. Also, it seems silly since we probably won't be coming back here to live. What is important though is that we have a way to visit America as all my family resides here. We thought we'd just be able to come in on the visa waiver program again whenever we wanted but I've just read that if you've ever overstayed on the vwp then you will only be permitted once more in the U.S. using the vwp and no more. My question is, does that apply to people who have since gained their permanent resident status and who will now be abandoning it? I've not been able to find this particular situation in the forums so I'd really appreciate any help with this one guys.

Thank you!!!

Erin Gentile

[Ling Ling 22]

I never thought we'd EVER consider moving back to Italy after how much it took to get here to America but that's the position my husband and I find ourselves in. He's accepted a fantastic job back in Italy and we'd really be fools not to take it...needless to say, we're taking it What I'm trying to do now is see what kind of hoops must we jump through when we want to vacation or see my side of the family here in America down the road. My husband has his greencard now but on a previous visit to the U.S., a couple of years ago, he overstayed on the visa waiver program by 30 days. It was never even mentioned at the interview in Naples for his greencard. Apparently if the overstay is under 90 days they don't look at it so harshly. So he received his card and is now a permanent resident despite the overstay. Now, we thought we would forgo the re-entry permit process as we are required to be in Italy at the end of this month and don't have the time to file the form and wait for them to tell us where to go to give the biometrics information. Also, it seems silly since we probably won't be coming back here to live. What is important though is that we have a way to visit America as all my family resides here. We thought we'd just be able to come in on the visa waiver program again whenever we wanted but I've just read that if you've ever overstayed on the vwp then you will only be permitted once more in the U.S. using the vwp and no more. My question is, does that apply to people who have since gained their permanent resident status and who will now be abandoning it? I've not been able to find this particular situation in the forums so I'd really appreciate any help with this one guys.

Thank you!!!

Erin Gentile

Since your husband has a GC and CR-1 visa, he can enter as many times as he wants to while the visa is valid...just like a US citizen.

As for renewing the visa from abroad...I have no idea, but would assume there's a process in place for that.

Congratulations and good luck. I love Roma and Milano.

[Boiler 45,488]

To directly answer your question he would need a B2 Visitor Visa. The overstay was not relevant for Immigration, it is for Visiting.

Hecould probably keep the PR status for a year ot two, but sooner or later he will abandon your PR status.

[Mononoke28 135]

Since your husband has a GC and CR-1 visa, he can enter as many times as he wants to while the visa is valid...just like a US citizen.

As for renewing the visa from abroad...I have no idea, but would assume there's a process in place for that.

Congratulations and good luck. I love Roma and Milano.

Yes, he can come and go as many times as he wants but if he stays outside the US for more than 12 months, he will most likely lose his Permanent Residency.

Since that doesn't seem to be an issue for you right now then it wouldn't matter and unfortunately I'm not too familiar with the VWP.

Good luck!

Diana

[irene5269 0]

Thank you all for your answers. We realize that he'll lose his permanent residency status but as we've decided to live back in Italy, that will be alright. I was just hoping that a 30 day overstay on one of his previous visits on the visa waiver program wouldn't affect him much. It stinks that we'll have to apply for a visa every time. Oh well.

To directly answer your question he would need a B2 Visitor Visa. The overstay was not relevant for Immigration, it is for Visiting.

Hecould probably keep the PR status for a year ot two, but sooner or later he will abandon your PR status.

I thought the overstay was, in fact, relevant since they asked on our application if he'd ever overstayed before and by how long.

[payxibka 10,045]

Thank you all for your answers. We realize that he'll lose his permanent residency status but as we've decided to live back in Italy, that will be alright. I was just hoping that a 30 day overstay on one of his previous visits on the visa waiver program wouldn't affect him much. It stinks that we'll have to apply for a visa every time. Oh well.

To directly answer your question he would need a B2 Visitor Visa. The overstay was not relevant for Immigration, it is for Visiting.

Hecould probably keep the PR status for a year ot two, but sooner or later he will abandon your PR status.

I thought the overstay was, in fact, relevant since they asked on our application if he'd ever overstayed before and by how long.

As long as he has a valid greencard he does not need a visa. His previous overstay was effectively "forgiven" when he received his greencard. Until such time that he is deemed to have *abandoned* his greencard, you can freely enter and exit as a legal permanent resident...

[irene5269 0]

Thank you all for your answers. We realize that he'll lose his permanent residency status but as we've decided to live back in Italy, that will be alright. I was just hoping that a 30 day overstay on one of his previous visits on the visa waiver program wouldn't affect him much. It stinks that we'll have to apply for a visa every time. Oh well.

To directly answer your question he would need a B2 Visitor Visa. The overstay was not relevant for Immigration, it is for Visiting.

Hecould probably keep the PR status for a year ot two, but sooner or later he will abandon your PR status.

I thought the overstay was, in fact, relevant since they asked on our application if he'd ever overstayed before and by how long.

As long as he has a valid greencard he does not need a visa. His previous overstay was effectively "forgiven" when he received his greencard. Until such time that he is deemed to have *abandoned* his greencard, you can freely enter and exit as a legal permanent resident...

Thank you for your response. I think I should say here that I am fully aware of the fact that while my husband has his greencard, we can come and go as we please. The question I have is how do we visit AFTER his greencard is no longer valid? As I said before, he has a previous 30 day overstay from when her visited the U.S. a few years ago. Since then he's been granted permanent resident status. My question is, will they give him a hard time (in the future, AFTER his greencard status is no longer valid) if we try to return to visit my family? Can he enter under the visa waiver program still or would we need a visitors visa?

[Boiler 45,488]

Not eligible for VWP, will need a B2.

Once no longer an LPR.

[irene5269 0]

i was hoping that we could just come back on the vwp whenever the green card expires what a bummer. Thanks for your answers

[Penguin_ie 5,993]

He wil need a tourist visa (the B visa), but he won;t need to apply every time- they are multiple entry visas, usually valid 10 years.