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Vivinavi Los AngelesHow to enter the U.S. if your GC has been expired for 2 years
- #1
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- あき
- 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)
- #2
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- 名無し
- 2022/03/09 (Wed) 21:52
- Report
① Since you don't have a US visa, the only way to get in is through ESTA. I won't know if I can get in until I get here
② Customs has nothing to do with it ( lol ) You don't understand the difference between immigration and customs ( lol )
③ You have no more GC. So you are giving up your GC. So you don't get a visa or get your GC back ?
This guy is a natural.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)
- #3
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- 無国籍者の渡り鳥
- 2022/03/10 (Thu) 07:12
- Report
We are not considering living in the US again at this time. Then
you don't have to worry about your Glynn card.
The Glynn card we have now has expired and we have to return it.
It would be better to apply again through my husband's American.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)
- #4
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- お花畑
- 2022/03/10 (Thu) 12:14
- Report
No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no.
If you are going to live in the US again, you will have to start all over again ?.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)
- #5
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- 修正
- 2022/03/10 (Thu) 13:20
- Report
❌ Inoculated
⭕️InoculatedThis 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
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- 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
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- 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 consulateThis 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
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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
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- 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.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)
- #11
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- 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)
- #12
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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
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- 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
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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
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- 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
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- 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)
- #17
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Yes, you cannot automatically relinquish your permanent residence when your GC expires.
To abandon, you must file Form I-407 with USCIS and have a final tax return as a U.S. resident.
Even if you have permanent resident status, you cannot enter the U.S. if your GC has expired or if you stay outside the U.S. longer than the term of your permit.
A long time ago, after taking up permanent residence, a person who had lived in Japan for 25 years tried to go to the US under ESTA and was not allowed on the plane. When he contacted the US Embassy, he was told to go through the GC waiver process, which he did. The embassy ( or consulate, ) seems to be quite helpful about GC expiration etc.
https://jp.usembassy.gov/ja/visas-ja/immigrant-visas-ja/green-card-ja/abandoning-lpr-i407-ja/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)
- #20
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- ななし
- 2022/03/11 (Fri) 22:53
- Report
↑
You keep writing and not answering my question
I'm not talking about abandonment, I'm talking about whether you can legally live in the US after your visa expires
Also, there are many people who have their GC taken away at immigration when they enter the US and then deported. ?
You are also saying something funny.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)
- #21
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- ca
- 2022/03/12 (Sat) 01:04
- Report
> #20
This manner of speaking is disrespectful to someone who is trying to be helpful. #17, you don't have to worry about it at all. Thank you for the useful information.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)
- #22
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- 仁義なき生活
- 2022/03/12 (Sat) 06:25
- Report
I think there are many people who live in the US with permanent residency and
return to Japan permanently.
I think many of them bring it back as it is and keep it as a souvenir.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)
- #27
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- 期限切れ
- 2022/03/15 (Tue) 08:42
- Report
If the staff member overlooked it when checking in at the airport in Japan,
and the passenger is allowed to board the plane to the U.S.
I wonder how the immigration officer will deal with the situation at the U.S. immigration checkpoint. I am wondering what the immigration officer will do.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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