Can I Surrender My Green Card and Get a Visitor Visa?
A green card is meant for people who intend to make the United States their permanent home. If you are visiting the United States frequently for work or vacation but do not intend to return permanently, you may be at risk of losing your green card status.
The immigration officer at the border usually determines your status when you enter. However, if you are not sure of your legal rights in the United States, it is advisable to consult an attorney.
Abandonment of Green Card Status
When an individual loses their lawful permanent resident (LPR) status, he or she can file a Form I-407 to surrender their green card. This is a voluntary act that requires no fee and does not affect the ability to apply to immigrate to the United States in the future.
Some people choose to abandon their green card because they face severe tax obligations as a U.S. taxpayer while living abroad or because of their desire to travel more frequently than is allowed under current immigration laws. However, the decision to voluntarily abandon LPR status is not always easy and can cause serious consequences.
For example, it can impact your ability to collect social security benefits and get a mortgage for a home purchase. It may also be harder to obtain a work visa in the United States once you have abandoned your green card status.
If you have been forced to give up your green card status, contact an immigration attorney immediately so that he or she can help you avoid the legal ramifications of abandonment. An attorney will be able to analyze your situation and recommend ways to improve your ties to the United States, such as becoming a citizen or getting a reentry permit while abroad.
The best way to avoid losing your green card status is to never travel outside of the United States without a reentry permit. This document can be obtained through a consulate and it is often more acceptable to the immigration officials if you have significant ties to the United States, such as family, investments, jobs, education, or paying taxes here in the United States.
A reentry permit can be issued for an extended period of time, but you must have a strong reason to leave the United States. This could be a death in the family, an injury to a loved one, or a health issue.
Abandonment of your green card is a devastating situation that can affect the rest of your life. However, you can regain your lawful permanent resident status by filing a Form I-407 with the USCIS. An immigration lawyer can guide you through the process and ensure that it is as smooth as possible.
Re-Entry Permit
Whenever a lawful permanent resident plans to leave the United States for an extended period of time, he or she should apply for a re-entry permit. The re-entry permit is issued by USCIS and is similar in size to a passport. It is designed to allow a permanent resident to reenter the United States after an absence from it of at least one year. Without a re-entry permit, a green card holder who has been outside of the country for more than a year may be denied entry to the United States on the grounds that he or she has abandoned their legal permanent resident status.
The process for a re-entry permit typically takes at least 90 days. It is best to submit the application at least a month before the planned departure. However, some applications are submitted on a more urgent basis, such as when a new job is about to start or a relative needs assistance immediately.
Before submitting an application, a lawful permanent resident should prepare a package of evidence showing their reasons for wanting to reside abroad temporarily and their intent to resume their residency in the United States after their temporary absence. This evidence should include copies of their employment records and bank statements. It should also include evidence that they were present in the United States at the time of filing for their green card.
Once the application has been filed and received by USCIS, a lawful permanent resident will receive a notice of a biometrics appointment within two to three weeks. At this appointment, the lawful permanent resident will have their photograph and fingerprints recorded for a background check.
After the biometrics appointment has been completed, the applicant will be mailed a copy of their re-entry permit. This permit will allow the lawful permanent resident to re-enter the United States, but only if they meet all the other requirements for reentry into the U.S.
The validity of a re-entry permit is typically for two years, but it can be renewed as many times as necessary. Once the second re-entry permit has expired, a green card holder will need to apply for another permit and undergo a new biometrics appointment.
Visitor Visa
If you are planning to travel to the United States for tourism, family visits, or medical treatment, you may be eligible to obtain a visitor visa. This type of visa allows you to enter the country temporarily, and is available to citizens from around the world.
The visa process involves filling out government forms, preparing for a consular interview at the United States Embassy or Consulate in your home country, and paying the necessary fees. You will also need to submit documents proving that you can cover your expenses while in the U.S.
During the interview, the consular officer will consider your personal situation and the specific purpose of your visit. They will also look at your long-range plans and prospects in your home country. This process can take anywhere from a few days to several weeks, depending on your location and the visa application’s processing time.
As a result, it is important to prepare your application as early as possible. Start by completing the DS-160 nonimmigrant visa application on the State Department website. Once you have completed the form, print out a confirmation page (pictured above), and bring it with you to your consular appointment. You will also need to provide a copy of your appointment letter, a machine-readable visa fee receipt (MRV), and one photograph taken within the past six months.
You will need to be prepared to answer questions about why you are visiting the United States, how you plan to spend your time there, and whether or not you intend to return to your country of residence. You may also be asked to answer questions about your health, finances, and other details.
Your interview may include a question about your family history and how you plan to use the visit to strengthen relationships with U.S. family and friends. You should also be ready to describe your travel itinerary and proof that you will leave the United States before your visa expires.
The final step is to pay the appropriate visa fee, which is updated monthly. You can either pay by electronic transfer or in exact cash on the day of your appointment. This can be a challenge for many people, but it is necessary if you are seeking a visitor visa.
Tax Issues
Many people who surrender their green card and apply for a visitor visa have a few tax issues to consider. The IRS and the immigration system can be very confusing, so it’s important to understand your options before you make any decisions.
If you’re a permanent resident, or a green card holder, you’re subject to federal taxes on your income and capital gains from any assets that you own in the United States. You may also need to report any foreign bank accounts that you have, as well as any IRAs or other retirement plans.
You might be tempted to give up your green card and simply go on a visit to the United States, but that can come with serious consequences. For example, Customs and Border Protection (CBP) officers may believe that you’re trying to sneak into the United States without paying any taxes. They could even refuse you entry when you cross the border.
The number of days that you spend in the United States each year determines whether you are considered a tax resident. Generally, you are considered a tax resident if you spend 183 days in the United States each year. However, there are some exceptions to this rule, so it’s important to know what the requirements are.
It’s also important to keep in mind that if you’re a non-immigrant visa holder, you may still be required to file an income tax return and pay taxes. This can be especially true if you’ve been in the United States for a long period of time and have worked for an employer who withholds income taxes on your paychecks.
The best way to avoid these complications is to work with an experienced immigration attorney who can guide you through the process. You can also consult the IRS for assistance if you have any questions about your tax obligations. The immigration and tax laws are very complex, so it’s crucial that you seek the advice of an experienced professional who can help you navigate them successfully.