abandonment of lawful permanent resident status

[juliecabrera 8]

Hello everyone,

Quick question, my dad had a 10 year family based green card through marriage of 20 years with US citizen that expired last year.

He now lives and works back in his home country - France - and visits the US once a year.

He came to the US this past Christmas and left his card in France since it was expired. At the port of entry in Detroit, he had an hour and a half of interview and had to file a "Abandonment of Lawful Permanent Resident Status". He was told he had the option to see an immigration judge if he wanted to renew his green card but didnt have the time - another plane to catch.

So now he no longer has a green card, we are all US citizens in the family so he would like to come visit for more than 6 months at a time without having to renew his visa. He does not wish to work, only visit for long periods of time.

He has a home in the US and a home in France.

What is the best solution? Attempt to renew green card even though he doesn't wish to work? Apply for a tourist visa - is there such a thing as a visa you don't have to renew all the time and is valid for ten years or so?

Thanks for taking the time to read/reply!

[JohnR! 5,495]

If he has no plans to live in the US anymore and wants to be able to spend more than 90 days at a time, he would have to apply for a tourist visa at the consulate in France. With a French passport he would be able to visit for 90 days only under the VWP.

If he has a home and steady income in France it should not be a problem for him to get a tourist visa.

Good luck!

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to What Visa Do I Need - OP trying to find correct visa path for father ~

[Darnell 8,478]

I vote for his petitioner filing a new I-130 to the lockbox address in Chicago,

chasing an IR-1 visa with an interview at the IV Unit in France.

Go Get Em, and Good Luck !

[yes, that's the process to get another green card]

[juliecabrera 8]

If he has no plans to live in the US anymore and wants to be able to spend more than 90 days at a time, he would have to apply for a tourist visa at the consulate in France. With a French passport he would be able to visit for 90 days only under the VWP.

If he has a home and steady income in France it should not be a problem for him to get a tourist visa.

Good luck!

Thank for the reply! But with the VWP, he will only be able to visit for 90 days, no more. Is there a visa that lets him stay longer?

[JohnR! 5,495]

Thank for the reply! But with the VWP, he will only be able to visit for 90 days, no more. Is there a visa that lets him stay longer?

Yes, with a B1/B2 - garden variety visitor/business visa - he would be able to stay up to 6 months, depending on the CPB at the port of entry. Since he once had a greencard and has no reason to stay in the country illegally, I see no reason a CPB woiuld not let him visit for a long period if he so declares upon arrival.

[Hypnos 6,576]

A B-2 tourist visa would usually let him stay for up to six months at a time, although CBP always have the final say on how long someone is granted upon entry.

[juliecabrera 8]

Yes, with a B1/B2 - garden variety visitor/business visa - he would be able to stay up to 6 months, depending on the CPB at the port of entry. Since he once had a greencard and has no reason to stay in the country illegally, I see no reason a CPB woiuld not let him visit for a long period if he so declares upon arrival.

Still no absolute garantee that he will be able to stay a while. Your suggestion is the best shot. Thanks again!

[JohnR! 5,495]

Still no absolute garantee that he will be able to stay a while. Your suggestion is the best shot. Thanks again!

Correct. Ultimately it is the CPB officer at the airport who will decide how long a stay he will be allowed - this is true of any visitor. However, if your father were to declare he intends to stay in the US for 6 months, show he has funds to support himself and a logical explanation for his trip, chances are the CPB would not deny his request.

[aaron2020 11,651]

Hello everyone,

Quick question, my dad had a 10 year family based green card through marriage of 20 years with US citizen that expired last year.

He now lives and works back in his home country - France - and visits the US once a year.

He came to the US this past Christmas and left his card in France since it was expired. At the port of entry in Detroit, he had an hour and a half of interview and had to file a "Abandonment of Lawful Permanent Resident Status". He was told he had the option to see an immigration judge if he wanted to renew his green card but didnt have the time - another plane to catch.

So now he no longer has a green card, we are all US citizens in the family so he would like to come visit for more than 6 months at a time without having to renew his visa. He does not wish to work, only visit for long periods of time.

He has a home in the US and a home in France.

What is the best solution? Attempt to renew green card even though he doesn't wish to work? Apply for a tourist visa - is there such a thing as a visa you don't have to renew all the time and is valid for ten years or so?

Thanks for taking the time to read/reply!

3 choices.

1. VWP - up to 90 days.

2. Visitor visa (10 years) - up to 6 months.

3. Green Card

No way to spend more than 6 months in the US with VWP or a visitor visa. CBP can deny entry anytime if CBP determines your father is abusing these privileges to live in the US.

There is no choice that will meet all your desires.

[aaron2020 11,651]

Oh. The time allowed in the US on the VWP and visitor visa are not guaranteed. CBP has the discretion and could give less than 90 days on the VWP and less than 6 months on a visitor visa.

[Darnell 8,478]

oh - and the final, ultimate option !!

get a green card, stay in USA and become a USA Citizen,

then travel at will, whenever, almost where-ever.

[Boiler 45,525]

I have not come across a VWP for less than 90 days, my understanding was that it was all or nothing.

[Ketsuban 1,034]

I have not come across a VWP for less than 90 days, my understanding was that it was all or nothing.

I've seen sometimes they will "parole" VWP entrants into the country for a couple of weeks with strict instructions that they must leave after those couple of weeks. I don't think it really counts as a VWP entry but it would have been the basis the airline allowed them to fly there with.

[juliecabrera 8]

Thanks for all the helpful replies!