Advice re: stepfather in law returning to US on 10 yr GC

[mrettercap 24]

Hello again,

This is some time in the future, but we'd like to invite my fiancee's father in law over to the states for our wedding.

He was married to a US citizen here and has a 10 yr green card valid until 2013. They will also be divorcing soon.

He has been living and working in England for the past 2 years on a permanent basis (ie. he hasn't returned since) and I would like some advice re: his general situation.

We really want him to be able to come but have a sinking feeling that he is going to face issues at POE.

He does not seem to think this will be the case and after calling the London embassy (I think) was told that there shouldn't be a problem.

Thanks for any advice.

[Penguin_ie 5,993]

He has not been to the USA, not even to visit, in 2 years? He will not be allowed in on his greencard, if that is what he is planning. Best thing to do would be to officially hand back the greencard, then he should be able to use the visa waiver program as any UK citizen does.

Edited August 6, 2012 by Penguin_ie

[mrettercap 24]

Nope. He has not been back since the separation.

That is what I was thinking.

Are there any official guidelines you can link to that would prove this irrefutably? I obviously believe what you're saying, but whether I'll be able to convince him is another story...

I guess if he were to show up at POE with only his green card they would simply turn him around at the border (as opposed to, say, letting him in temporarily with some kind of waiver)? We are probably going to be footing the bill for his flight!

Edited August 6, 2012 by mrettercap

[Penguin_ie 5,993]

Sure, the official page is here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Abandoning Permanant Resident status:

- 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

Yes, most likely scenario is he would be turned back at the border. Actually, most likely is probably the airline won;t let him fly, as they can be fined for transporting someone without correct documentation, but they may not look closely at his greencard when he presents it.

[Hypnos 6,576]

http://www.uscis.gov...000082ca60aRCRD

If he tries to enter the US using a green card after being gone for two years (or more) then they will take the green card from him, tell him it's been revoked and then send him back to where he came from.

A green card is for living in the United States. If you are not living in the United States then you have ceased to comply with the responsibilities of holding a green card and it will likely be revoked when you try to use it for any official purpose. It is not a mechanism to allow visa-free travel to the United States whilst simultaneously maintaining your real residence in another country (as it sounds like he has done).

Edited August 6, 2012 by Hypnos

[mrettercap 24]

Thank you both, that's very helpful.

I'll have a chat with him later.