Returned home to Australia after Marriage ended and conditional permanent resident card expired

[happilyhome 0]

Hi All,

I have returned to live back home in Australia after my marriage broke down in the U.S. My permanent resident card expired this April 2012 and I had no intention of removing the conditions as I intend to remain in Australia.

My questions are:

1. Do I have to hand in the expired conditional permanent resident card to authoriries or can I throw it away?

2. I am intending to visit the U.S using the Visa waiver program later this year. Is this going to be an issue given that I have let my CPR lapse? I don't want authorities thinking I intend to remain in the U.S. when I am just there on two weeks vacation.

Note: i have never been denied entry etc.

Cheers

[happilyhome 0]

Hi All,

I have returned to live back home in Australia after my marriage broke down in the U.S. My permanent resident card expired this April 2012 and I had no intention of removing the conditions as I intend to remain in Australia.

My questions are:

1. Do I have to hand in the expired conditional permanent resident card to authoriries or can I throw it away?

2. I am intending to visit the U.S using the Visa waiver program later this year. Is this going to be an issue given that I have let my CPR lapse? I don't want authorities thinking I intend to remain in the U.S. when I am just there on two weeks vacation.

Note: i have never been denied entry etc.

Cheers

[VanessaTony 3,567]

1. You have handed over the GC at a US embassy as soon as you decided to stay here. Yes you need to hand it over

2. Yes it might be an issue because of the whole "immigrant intent" issue. Hand the card over and you should be fine.

[Anh map 2,098]

It would be prudent to visit the US embassy and ask about your using the VWP being a former GC holder. The intent part is going to be the hurdle. And as you know, CBP doesn't take anyone's word re: intent.

[happilyhome 0]

It would be prudent to visit the US embassy and ask about your using the VWP being a former GC holder. The intent part is going to be the hurdle. And as you know, CBP doesn't take anyone's word re: intent.

Do you think it would make any difference if I hand in my expired green card and then also apply for a tourist (B2) visa?

I can also provide proof of lease of rental properly in Australia, work commitments, family commitments (2 children back in Australia with family while I'm away) etc for evidence of ties to home.

Much thanks for your comments.

Edited July 31, 2012 by happilyhome

[Sandra G. 5,047]

You must surrender your permanent resident card. The US Consulates abroad have a form that the individual must fill out, which states the wish to abandon the legal permanent resident status. Carry a copy of this form with you when traveling to the U.S.A EVERY SINGLE TIME ok.

Edited July 31, 2012 by sandranj

[VanessaTony 3,567]

Do you think it would make any difference if I hand in my expired green card and then also apply for a tourist (B2) visa?

I can also provide proof of lease of rental properly in Australia, work commitments, family commitments (2 children back in Australia with family while I'm away) etc for evidence of ties to home.

Much thanks for your comments.

Neither guarantee's entry. You should be fine with the VWP once you hand over your card (and maybe take proof you've been back for some time rather than living in the US since it expired).

[Ban Hammer 13,326]

duplicate topics have been merged

[happilyhome 0]

Neither guarantee's entry. You should be fine with the VWP once you hand over your card (and maybe take proof you've been back for some time rather than living in the US since it expired).

I am guessing my divorce papers will help that! :-)

[Kim & Chris 0]

I am guessing my divorce papers will help that! :-)

Even if you go the way of VWP, you still have to apply through/for ESTA so I would assume if there's going to be a problem they'd let you know then.

Mind you, even if you get ESTA, It doesn't guarantee anything at the border, same as anyone.