Not filing I 751

[jsoto914 0]

Hello,

 

I can't seem to find a thread on this topic. My husband and I decided he will not file for an I 751 for this Green Card extension (2 years). If he decides to visit the US as a tourist in the future with an expired Green Card, will this be an issue? Would he need to get an I 551 stamp regardless?

 

Thanks!

[payxibka 10,047]

6 minutes ago, jsoto914 said:

Hello,

 

I can't seem to find a thread on this topic. My husband and I decided he will not file for an I 751 for this Green Card extension (2 years). If he decides to visit the US as a tourist in the future with an expired Green Card, will this be an issue? Would he need to get an I 551 stamp regardless?

 

Thanks!

He has no basis for the I-551 stamp if you do not have an active application.

 

If he does not submit the I-751 then he abandoned his green card.  He should turn the card in

Edited May 14, 2018 by payxibka

[aleful 1,905]

hi

 

are you both moving abroad? he would have to hand in his green card and withdraw his residency

 

it's not an extension of the 2 year GC, it's to get the 10 year GC, without it, eventually he could be deported

 

the 2 year GC gets an extension because a person is in a process of removal of conditions to obtain the 10 year GC

 

he must file for removal of conditions if he wants to live in the US

 

 

[jsoto914 0]

8 minutes ago, aleful said:

hi

 

are you both moving abroad? he would have to hand in his green card and withdraw his residency

 

it's not an extension of the 2 year GC, it's to get the 10 year GC, without it, eventually he could be deported

 

the 2 year GC gets an extension because a person is in a process of removal of conditions to obtain the 10 year GC

 

he must file for removal of conditions if he wants to live in the US

 

 

Yes, we are moving abroad. His green card expires in August and he's already working abroad. How does he go about handing in his green card?

[payxibka 10,047]

2 minutes ago, jsoto914 said:

Yes, we are moving abroad. His green card expires in August and he's already working abroad. How does he go about handing in his green card?

The procedure to surrender a green card/LPR status is fairly straightforward. The LPR simply needs to make an appointment at the London USCIS office  and submit USCIS Form I-407, Abandonment of Lawful Permanent Resident Status.

[bakphx1 789]

3 minutes ago, jsoto914 said:

Yes, we are moving abroad. His green card expires in August and he's already working abroad. How does he go about handing in his green card?

It really depends on your plans.  If the plan is to stay abroad indefinitely, he probably won't get much use out of it, and it would be abandoned later if he stays out of the country. I imagine he'd need a tourist visa to return for visits. If the job is not permanent, removing conditions might be the best route, if he isn't gone for too long. 

[jsoto914 0]

14 minutes ago, payxibka said:

The procedure to surrender a green card/LPR status is fairly straightforward. The LPR simply needs to make an appointment at the London USCIS office  and submit USCIS Form I-407, Abandonment of Lawful Permanent Resident Status.

Thanks!

[jsoto914 0]

11 minutes ago, bakphx1 said:

It really depends on your plans.  If the plan is to stay abroad indefinitely, he probably won't get much use out of it, and it would be abandoned later if he stays out of the country. I imagine he'd need a tourist visa to return for visits. If the job is not permanent, removing conditions might be the best route, if he isn't gone for too long. 

Yes, mostly likely we won't be returning back so we thought it might not be worth removing conditions.

[sweetswinks 400]

2 hours ago, jsoto914 said:

Hello,

 

I can't seem to find a thread on this topic. My husband and I decided he will not file for an I 751 for this Green Card extension (2 years). If he decides to visit the US as a tourist in the future with an expired Green Card, will this be an issue? Would he need to get an I 551 stamp regardless?

 

Thanks!

Just so you're aware he won't be able to enter the US without a Visa meaning he's not permitted to use the visa waiver program once you've abandoned the green card. If you plan to visit the states he'll need to apply and attend a visa interview. 

[Tampatownfan 16]

I did the same a few years ago. The post telling you that he should surrender his status is quite correct, I did this and received a stamped receipt confirming that it had been done. There is a specific form that needs to be filled out to surrender status.This can incidentally be done via mail and an appointment is not necessary, as was my case. I recommend he keep a copy with his passport the next time he enters the USA. As for the comment about not being able to use the visa waiver program, that is incorrect. Up until quite recently, post surrender, I frequently travelled to the USA on the VWP without any problems at all (certainly 2 ESTAs worth of traveling). Not once did I have any problems with my status surrender and wasn't asked for the proof of such. I recently changed from VWP to the B1 for other reasons. As with everything in the VJ world, as long as you follow the USCIS rules and guidelines, and show a chain of evidence, you cannot go too far wrong. We will be re-applying for residency again shortly as we have now returned to the USA, so we have new challenges ahead ourselves. 

Edited May 14, 2018 by Tampatownfan

[geowrian 22,338]

To clarify, if you don't file for ROC (I-751) then your conditional permanent residence status will be terminated automatically. Either way, if the goal is to live abroad then voluntarily abandoning permanent residence is preferred (as noted above). You are free to use the VWP (if eligible) or apply for a tourist visa after abandoning the green card. You can also be petitioned again in case you want to, move to the US again.

[sweetswinks 400]

17 hours ago, sweetswinks said:

Just so you're aware he won't be able to enter the US without a Visa meaning he's not permitted to use the visa waiver program once you've abandoned the green card. If you plan to visit the states he'll need to apply and attend a visa interview. 

Sorry everyone I was misinformed about this!

[Mollie09 1,543]

1 hour ago, sweetswinks said:

Sorry everyone I was misinformed about this!

This would be the case if there was an overstay.

[mindthegap 2,605]

If no I-751 is filed,  a denial letter will be sent, and removal proceedings ( a court date) initiated, although this can take years.

You remain a LPR until a final order of removal, so are not VWP eligible during that process. 

 

File an I-407 and do it properly.