Entering US with green card, after being outside of US for 1.5 years

[cyndallita 8]

Hi,

 

I (Philippine citizen)obtained a green card but left US since July 24, 2022 because my husband (US and German citizen) decided to settle back in his country and I also found work.

 

Since a year has already passed, I believe GC is considered abandoned.

 

My husband and I want to visit (for leisure) US on January 2024. I still have the GC with me and it will expire May 4 2024. My questions is, what is the best route to take?

 

1. Formally surrender my GC by mail to USCIS mailbox and apply for tourist visa as soon as I get an official confirmation of the abandonment? But the processing time here will play a big role because I have read experiences where it has been 3 months and they have not yet heard anything from USCIS. THe problem here, is I might not be able to apply for a tourist visa on time if I don't have the confirmation since I will still be considered as LPR in their system.

 

2. Travel with my GC and at the CBP, submit my green card along with the i407 and request for Form I-193 Application for Waiver of Passport and/or Visa to re-enter US for my desired travel. Con here is I am not sure if they will grant me re-entry just on that basis of 407 + 193. Although here in this article https://help.cbp.gov/s/article/Article-3671?language=en_US, its pretty straightforward.

 

Has anybody tried to enter US by doing the option number 2 above?

 

Your experience and tips would be very much appreciated!

[Crazy Cat 41,857]

1.  Get on a plane to the US for the visit.

2.  Don't sign an I-407 unless you really want to surrender the GC.

That is all.

[cyndallita 8]

2 minutes ago, Crazy Cat said:

1.  Get on a plane to the US for the visit.

2.  Don't sign an I-407 unless you really want to surrender the GC.

That is all.

Thanks!

 

In any case, wouldn't my GC be considered abandoned already and I will be questioned by the CBP officer at the POE? There, I want to surrender my GC but still enter US for a short visit (10 days). so i407 and then i193. Do you think that would work?

[Boiler 45,516]

That would be down to an IJ not someone at the Airport. The Courts are a bit busy. So it hardly every happens.

[cyndallita 8]

43 minutes ago, Boiler said:

That would be down to an IJ not someone at the Airport. The Courts are a bit busy. So it hardly every happens.

Thanks!

 

IN that case, even though I have been outside of US for more than a year, I will not be denied entry when I arrive in US if I use my GC.

 

Would you know what questions the CBP officer would tell me? And what I should and should not say upon this entry?

 

Thanks!

[Boiler 45,516]

You can not be denied entry. They could refer you to a Judge, not possible but very rare.

 

What you say obviously depends on what your plan is 

[Free Man 119]

My Aunty is also a green card holder, she was out of the country for 13months, upon her arrival at JFK, she was taken to a secondary inspection room, according to her, they asked her why was she away for long and she said she visited family and had to take care of her mum. After 45mins, they let her in.

The good thing is the airlines only checked if her green card is valid.

[cyndallita 8]

8 hours ago, Free Man said:

My Aunty is also a green card holder, she was out of the country for 13months, upon her arrival at JFK, she was taken to a secondary inspection room, according to her, they asked her why was she away for long and she said she visited family and had to take care of her mum. After 45mins, they let her in.

The good thing is the airlines only checked if her green card is valid.

Hi! Did she have to pay for any fine? 
may I ask what other questions she was asked? 

[Crazy Cat 41,857]

19 hours ago, cyndallita said:

IN that case, even though I have been outside of US for more than a year, I will not be denied entry when I arrive in US if I use my GC.

You won't be denied entry.  However, you might face some questions whether you sign an I-407 or not.  Just get on a plane, and fly to the US.  You can surrender your GC after your visit. 

[Dashinka 24,499]

2 hours ago, Crazy Cat said:

You won't be denied entry.  However, you might face some questions whether you sign an I-407 or not.  Just get on a plane, and fly to the US.  You can surrender your GC after your visit. 

This is what I would do at least for this visit, surrender the GC via the I407 when you leave (you can find the CBP office in the airport when leaving).  After that, I am not really sure as I could not find any information regarding temporary or permanent residents in Germany.  I expect you will need to research that more, but the best I can glean is a temporary resident in Germany may need a B2, but a permanent resident may be able to use ESTA.  You might ask that question specifically in the German/Europe regional forum.

 

Good Luck!

[cyndallita 8]

6 hours ago, Dashinka said:

This is what I would do at least for this visit, surrender the GC via the I407 when you leave (you can find the CBP office in the airport when leaving).  After that, I am not really sure as I could not find any information regarding temporary or permanent residents in Germany.  I expect you will need to research that more, but the best I can glean is a temporary resident in Germany may need a B2, but a permanent resident may be able to use ESTA.  You might ask that question specifically in the German/Europe regional forum.

 

Good Luck!

when you say “surrender the GC via I407 when you leave” does that mean that when I arrive at POE, and the CBP officer is of the initial judgment that I have abandoned my LPR status, will I accept that initial judgment and just say that I intend to surrender the GC when I leave US? Wont they push me to sign the I407 upon my arrival at the POE if I say that? 

 

If I on the other hand reject that initial judgment and will not mention about my intent to surrender my GC, will they automatically refer me to an IJ? 

thank you for your input!

 

9 hours ago, Crazy Cat said:

You won't be denied entry.  However, you might face some questions whether you sign an I-407 or not.  Just get on a plane, and fly to the US.  You can surrender your GC after your visit. 

I’d like to ask the same question as above when you referred to “surrender your GC after your visit”.

 

thank you for your input! I appreciate it!

[Dashinka 24,499]

12 hours ago, cyndallita said:

when you say “surrender the GC via I407 when you leave” does that mean that when I arrive at POE, and the CBP officer is of the initial judgment that I have abandoned my LPR status, will I accept that initial judgment and just say that I intend to surrender the GC when I leave US? Wont they push me to sign the I407 upon my arrival at the POE if I say that? 

 

If I on the other hand reject that initial judgment and will not mention about my intent to surrender my GC, will they automatically refer me to an IJ? 

thank you for your input!

 

I’d like to ask the same question as above when you referred to “surrender your GC after your visit”.

 

thank you for your input! I appreciate it!

You are correct.  Given your situation with no plans to resume residency in the US, the proper course would be to apply for a B2 visa in Germany, and formally surrender your GC via the I407.  If CBP questioned you, it is wrong to suggest not surrendering your GC at that point, but I am not sure if CBP would still parole you in.  With the wait times in Germany being very low for a B2 application, you should be able to apply for a visa with the DS160, and then also fill out an I407.  I am not sure if you need to do the I407 first or if you can turn it in at the B2 visa interview along with your GC.  I would not be too concerned with the tax implications as your spouse being a USC still needs to file taxes annually, and that should cover you.

 

Good Luck!