Can the US still be entered on a tourist visa after permanent resident status is denied/expired?
I originally posted this question on expatriates.stackexchange.com, and another user suggested that I ask the question on this site because he felt it is more closely related to travel...
My wife was granted a conditional permanent resident status (green card) in the US and we started the process for removing the conditional status while we were living in the States after being married for more than two years (as per the requirement). Before receiving a response to our application, we made the decision to return to her home country for work reasons. We recently received mail from USCIS requesting further documentation to prove the "legitimacy" of our marriage. The deadline to submit the additional documents recently passed, and I had already decided to give up pursuing the application process anyway, since we will not be returning to live in the US for at least five years. My concern (and question) is this: Can my wife still travel to the US to visit my family, or will the lapsed/failed green card status create an issue that prevents her from even entering the country?
Best Answer
To provide an update and back up the answer provided by littleadv here:
My wife completed the I-407 form, went to an interview (scheduled) with the US embassy here in Korea, and relinquished her permanent residence status. The official gave her back a signed copy of the form showing that she had given up her status. A short time later, we applied for an ESTA so she could visit the US and it was approved. When it came time to actually visit the US, the customs and immigration officer reviewed her papers and admitted her without trouble.
I realize this is anecdotal, but it does confirm that, under normal circumstances (i.e. no criminal history, overstays of past visas, or other irregularities), former PR holders can re-enter the US as tourists (and even get an ESTA).
(Note to mods: My apologies again for the cross-posting of the question. It did seem to generate a fair amount of interest on both sites and presumably can be useful to both travelers and expats. I will avoid any future cross-posting on either site.)
Pictures about "Can the US still be entered on a tourist visa after permanent resident status is denied/expired?"
Will I be able to reenter the US if I overstay my tourist visa?
If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.What happens if permanent residency is denied?
Adjustment of status is granted at the discretion of USCIS. If your application for adjustment of status has been denied, you can be subject to deportation (removal) proceedings. Seek the assistance of an experienced U.S. immigration attorney. The attorney can help you decide what to do next.Can I still qualify for a tourist visa if I have a pending immigrant petition?
Have adequate cash to pay the cost of the trip to the United States, as well as all living expenses while in the United States and the return journey home. By presenting as much evidence as possible, you can successfully obtain a visitor visa despite having a pending I-130 petition.Can I reenter the US without my green card?
Lawful Permanent Residents (LPR) of the U.S. must present a Permanent Resident Card ("Green Card", Form I-551), a Reentry Permit (if gone for more than 1 year), or a Returning Resident Visa (if gone for 2 years or more) to reenter the United States.When Your Green Card Expires While You Are Abroad: Can you Still Return to the US?
More answers regarding can the US still be entered on a tourist visa after permanent resident status is denied/expired?
Answer 2
My green card expired and I did not renew it. I entered on an ESTA visa. At the port of entry, they noticed my expired green card and retained me for questioning. I said I did not want to renew it anymore. After looking at me strangely and warning me several times, they accepted the cancellation of the green card and let me through on my ESTA visa ( I am a singapore citizen). I have since travelled on the same ESTA this year also , with no problems. It is better to surrender the card if you have no use for it, instead of just not taking any action. Keeps the slate clean.
Answer 3
I returned my Green Card voluntarily after several years living in Europe and filing taxes (1040 forms etc.) but was not allowed to enter the US two years afterwards with an ESTA. I am Western European citizen, not muslim and of Caucasian ethnicity. The reason for my refusal according to DHS was that they will forever consider me a potential illegal immigrant alien because "nobody returns a green card voluntarily". Interesting...
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