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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)

#12

If it is not a GC with an initial 2-year expiration date based on marriage, but a regular 10-year expiration date, then "GC expiration ＝ is not a waiver of GC rights. It is something else." is probably correct. If the GC expires, it is still legal to stay in the U.S., but if you leave the country, it will be difficult to come back.

If your I-131, which is valid for 2 years, expires and you have been out of the U.S. for more than a year, you will not be allowed to enter with a GC and US Immigration will immediately confiscate your GC. There is a possibility that you can enter the U.S. with a Visa Waiver, but it is not absolutely safe. I think it is best to check with the US consulate in Japan rather than an immigration lawyer.

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)

#13
  • 春
  • 2022/03/10 (Thu) 23:01
  • Report

Then why is there a deadline ？ If you can leave it alone and it won't be waived, why do you need a deadline
Then why did you get a re-entry permit ？ According to your logic, you don't need one, you can live abroad as long as you want and come back to the US with a GC. ？
I mean, you are in Japan, right? ？ You can call the US embassy in Japan and they speak Japanese
I don't believe you when you hear people who have been here 20 years ago ？


＞ Can you get in trouble at immigration ？

before that, you can't get on a plane in Japan!

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)

#14

I see that you cannot contact the lawyer you had when you obtained your green card. But your problem is not easy and you should always find another immigration lawyer to consult. As you said, you will not lose your permanent resident status just by expiring, but you may lose your permanent resident status by letting your re-entry permit expire.
Either way, if you live in Japan, you will not be able to maintain your Permanent Resident status, but if your husband is an American, you can apply again if you decide to live in the U.S. in the future. If you ask the U.S. Embassy/Consulate, they may just tell you that, but you can ask them separately. Even in that case, I think you should always consult a lawyer.

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)

#15
  • 夏
  • 2022/03/11 (Fri) 09:30
  • Report

↑
Why are you assuming that the GC will be reinstated ？
Even legal fees are not free
Since he will only be in the US for a few weeks, it would be much more convenient for him to return the GC at the consulate and use ESTA It's much more convenient to return the GC at the consulate and allow him to enter the US with ESTA, isn't it?

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)

#16
  • ななし
  • 2022/03/11 (Fri) 09:43
  • Report

＃ 12
＞ Even if GC expired, it is legal to stay in the U.S.

GC is a visa... ？ I don't know how much I can trust you.

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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