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Topic

How to enter the U.S. if your GC has been expired for 2 years

Visa related
#1
  • あき
  • mail
  • 2022/03/09 19:34

We are an internationally married couple, my husband is American and I am Japanese. We are currently living in Japan. At the time of our marriage, I received a 2-year U.S. green card with my husband's spousal sponsorship and spent time working locally in the U.S.
In the fall of 2019, due to family circumstances in Japan, we are moving to Japan as a married couple, at which time we have also submitted an I-131 (travel document / re-entry permit)to the USCIS. both the I-131 and the green card expire in March 2021. Due to the sudden outbreak of the corona disaster, neither the couple has been outside of Japan since the fall of 2019. We are now considering returning to the U.S. for a week in June 2022, partly because Japan has loosened its water border control regulations and partly because we have already taken our third dose of corona vaccine in Japan. However, our base of living is in Japan, and we are not considering living in the U.S. again at this time. So, my question is how to enter the US.

① Should I get an ESTA to enter the U.S. this time ？
② If so, will there be any trouble at U.S. customs ？ I would like to prove that my return to the U.S. is only for one week and my home base is Japan. （ Should I prepare, for example, a certificate of employment in English in Japan ）? We are not considering it at this time. Therefore, my husband and I continue to make the same annual US tax return that we have every year as a married couple jointly, even after the GC expires. Is this the right thing to do if I am a GC holder living abroad and do not want to waive my GC rights ？ and if there are any other good measures to take, please let me know.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#7
  • 単純に
  • 2022/03/10 (Thu) 13:30
  • Report

You can't just enter the US as a regular Japanese tourist ？.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#8
  • ななし
  • 2022/03/10 (Thu) 15:24
  • Report

↑
no, no, it's not that easy
when you apply for ESTA online, if your tourist visa is approved, but I don't think you can pass ESTA online since you have GC
you let your GC expire and they might ask you to come to consulate and tell them why
Normally, they would cancel your GC and give you a new visa

why do you need to consult a lawyer ？ some people always say "lawyer"
if you need to consult a lawyer, you should go to the US consulate

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#9

As #8 said, it is wise to ask the US consulate first. If you discuss legal matters on this forum and if you get into trouble when you enter the country and are denied, etc., you will really have a hard time later on and you will regret it.
In any case, you must not be a GC holder at this stage.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

#10
  • あき
  • 2022/03/10 (Thu) 20:26
  • Report

Topic. Thank you for your comment. First of all, I would like to ask if there are any mistakes ： ② In that case, can I get into trouble with US customs ？ → Can I get into trouble with US immigration ？

First of all, the immigration attorney who helped me when I got my GC at that time seems to have gone bankrupt due to the Corona disaster. The immigration attorney who helped me when I got my GC at that time seems to have gone bankrupt due to the Corona disaster and I cannot contact him anymore. So, I wrote here to ask for an opinion from someone who is familiar with the situation.　At that time, the immigration lawyer told me, "It is not GC expiration ＝ GC waiver. It is something else." I remembered what he said, so I wrote it in the comment section as it was. （ In Japan, for example, "driver's license expires ＝ driver's license right is also lost", and in many cases, the expiration and the right is also useless are equal. but that was not the case with the GC in the US. ） I have heard various opinions from other people, but if you are familiar with immigration law, I would appreciate your opinion. If you have similar experience to mine, please comment.

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#11
  • 一方通行ですか？
  • 2022/03/10 (Thu) 20:41
  • Report

If you ask the U.S. Consulate in Japan, they will know right away.

This text has been translated by auto-translation. There may be a slight difference between the original text and the translation. (Original Language: 日本語)

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