Re-application for Green Card: Will I be black-balled if I previously held a GC?

[jasond 0]

Hi everyone,

I have a question regarding the expiry of a green card, but first some background info. I'm and Englishman living in Australia with my US-born wife (married 2003 in Australia) and our two daughters who are US passport holders thanks to their mother's US citizenship. We applied for a GC back in 2003 and this came through in Dec 2004. We all travelled to the US within the 6 month entry period (June-July 2005) and the GC was 'activated', after which we came back to Australia to wrap things up on a number of fronts, one of which being my business interests which have since blossomed .... and herein lies my problem. If we leave Australia right now then we'll be throwing away a great opportunity in terms of financial reward & security, but my GC 2 year expiry is rapidly approaching as well (July).

FYI, I went back to the US in July of 2006 (within the 1 year out-of-the-US time limit ... or so I thought) to maintain the GC status, but was told by the immigration officer that I should have relocated to the US within a 1 year timeframe (i.e. by then) which was a complete shock to me ... I had no idea. I explained my situation with the business and how my wife and children were all US citizens and that we did actually want to move to the US, but the business in Australia was keeping us there for the timebeing. She then changed her attitude and went on to say that since I was a business owner that I had 2 years to relocate. Well the 2 years is almost up, and we need to understand our options.

So my question (finally) is ... if I let my current GC expire, will this be a black mark on my record, and more importantly will this affect any future application for a GC at a later date??

Thank you for all your help.

JD

[Reba 2]

Check the USCIS website for iformation on the re-entry permit. I'm not sure it pertains to you, or if you'll have to start all over again, but its worth a look anyhow.

[Yodrak 7]

JD,

See this page on the USCIS web site.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

And then see a US immigration attorney. Simply making an appearance in the USA once a year (or two years) is not sufficient to maintain one's LPR status.

Yodrak

Hi everyone,

I have a question regarding the expiry of a green card, but first some background info. I'm and Englishman living in Australia with my US-born wife (married 2003 in Australia) and our two daughters who are US passport holders thanks to their mother's US citizenship. We applied for a GC back in 2003 and this came through in Dec 2004. We all travelled to the US within the 6 month entry period (June-July 2005) and the GC was 'activated', after which we came back to Australia to wrap things up on a number of fronts, one of which being my business interests which have since blossomed .... and herein lies my problem. If we leave Australia right now then we'll be throwing away a great opportunity in terms of financial reward & security, but my GC 2 year expiry is rapidly approaching as well (July).

FYI, I went back to the US in July of 2006 (within the 1 year out-of-the-US time limit ... or so I thought) to maintain the GC status, but was told by the immigration officer that I should have relocated to the US within a 1 year timeframe (i.e. by then) which was a complete shock to me ... I had no idea. I explained my situation with the business and how my wife and children were all US citizens and that we did actually want to move to the US, but the business in Australia was keeping us there for the timebeing. She then changed her attitude and went on to say that since I was a business owner that I had 2 years to relocate. Well the 2 years is almost up, and we need to understand our options.

So my question (finally) is ... if I let my current GC expire, will this be a black mark on my record, and more importantly will this affect any future application for a GC at a later date??

Thank you for all your help.

JD

[RocksAnne 0]

JD

I don't think you will have any problems or 'black marks' against you for abandoning your current resident permit and then re-applying for the GC again later.

Of course things are always changing, but I have gone thru the green card mill three times during my life, (and about to go thru it again for the 4th time!) and so far have not had any problems getting another one. And you seem to have a perfectly legit reason for doing it. The only drag is that you'll have to go thru the whole application process all over again - paperwork, fees interviews & all.

Be aware though, that you aren't supposed to just let your card expire and hold onto it. You are supposed to return it along with a form I-407 to your local US embassy/consulate. Check with your consulate in Australia regarding the current rules.

There is some good general info on abandoning your GC at the website of the US Embassy in London, UK, as well as a link to an online pdf fillable I-407 form:

http://london.usembassy.gov/dhs/uscis/abandon.html

I don't think you need to get a immigration lawyer unless things change drastically between now and whenever you re-apply for another GC.

good luck with your business!

[jasond 0]

Thanks everyone for you responses ... and particularly RocksAnne ... my mind has been put at rest on the GC re-application front.

I've put an 'official' question on this topic to the local consulate to see what their take is, but I'm anticipating that they'll come back with a similar response ... that relinquishing my GC will not have any affect on any future application. When I hear back from the consulate I'll post their response.

JD

Edited March 29, 2007 by jasond