Returning to the US visa-free after previously living there for 7 years - issues with immigration?
I currently live in Queensland, Australia however i used to live in California. I am planning to stay the whole summer (around 90 days) under the Visa waiver program from around May 17, 2017 until August 10, 2017. I have perviously lived in California for seven years (2005-2012) and plan to go back and live just how i used to, seeing all my old friends and just generally living like a local again. I plan to stay with friends for the first month then rent out a room by myself for the other two months.
My main concern is whether or not the CBP officer at port of entry will grant me the full three months. I will not be doing any tourist activities and a vast network of friends and activities will keep me busy the whole time. Is there anything i can do to show the CBP officer that i will be returning home on time and ensure that he or she will grant me the whole three months.
Best Answer
I used to be a US permanent resident, but surrendered my green card after moving back to my native country (UK). The advice at the time from CBP was to apply for a tourist visa before my next visit, rather than coming on visa waiver. The rationale being - as with most visa applications - that this allows the decision about whether you're a migration risk to be safely and thoughtfully taken at an embassy, instead of all spur-of-the-moment when you present yourself at a border.
Although one hears horror stories about visa-waiver nationals who apply for B visas, I had no problem once I explained that I had been advised to do this, and why. In the event my visa interview (in London) was fairly painless, and my visa issued shortly after. I have since entered and left the US many times, and had no issues.
I can't, of course, know whether I'd've faced problems trying to enter on visa waiver (and, later, ESTA). But CBP did suggest to me when I surrendered my green card that the exact question you've asked above would be asked of me, quite pointedly, if I showed up at a border and asked to come in on visa waiver, and that the tourist visa was the right way to forestall this. And as a fringe benefit, you can stay up to six months on a B visa (though I'm not sure I'd try this on my first post-resident visit).
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What is the 10 years law for immigration?
However, there is a law that can be used as a defense to deportation in removal proceedings that can grant permanent resident status to a person if they can prove that they have been in the United States for at least 10 years, that during their time in the United States they have fulfilled certain qualifications.Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.How do immigration know if you overstay your visa?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.Does US immigration know when you leave?
Yes, they almost certainly do know you've left. The US processes passport details for all air passengers through a system called APIS, and ties that to the electronic I-94 (arrival and departure record). You can check your US arrival and departure history online.When Your Green Card Expires While You Are Abroad: Can you Still Return to the US?
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