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Wanto overstay my holiday visa and use my defunct? green card

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  • Wanto overstay my holiday visa and use my defunct? green card

    I am unsure what I should to do, BUT I want to stay. I have a green card but didnt use it for the last few years for good reasons, So I entered the US on a vwp HOLIDAY VISA for fear immigration would take the gc from me.. I dont know what information they would have at their disposal,) My green card gc has 5 years left to run. When I left the US five years ago on the green card no one swiped it or took details so they dont know I left the US. I was however, in the US on a holiday for two weeks last summer, and now the current holiday vwp visa expires next week. I want to stay and work and live here and petition to get in again through my sister who is a citizen.But it will mean not being able to visit home and waiting for years to get petitioned in, and will the fact that I overstayed the visa go against me. I wonder if I should go home before the holiday visa expires and try to come in on my green card. ??? so many questions, so complicated, anyone know my chances or whats best to do. What do they know about you at airport immigration when you present your green card? I only have a few days to consider what to do, !! Iwould be grateful for advise.

  • #2
    I am unsure what I should to do, BUT I want to stay. I have a green card but didnt use it for the last few years for good reasons, So I entered the US on a vwp HOLIDAY VISA for fear immigration would take the gc from me.. I dont know what information they would have at their disposal,) My green card gc has 5 years left to run. When I left the US five years ago on the green card no one swiped it or took details so they dont know I left the US. I was however, in the US on a holiday for two weeks last summer, and now the current holiday vwp visa expires next week. I want to stay and work and live here and petition to get in again through my sister who is a citizen.But it will mean not being able to visit home and waiting for years to get petitioned in, and will the fact that I overstayed the visa go against me. I wonder if I should go home before the holiday visa expires and try to come in on my green card. ??? so many questions, so complicated, anyone know my chances or whats best to do. What do they know about you at airport immigration when you present your green card? I only have a few days to consider what to do, !! Iwould be grateful for advise.

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    • #3
      Are you sure ? no one took detail from GC? Get FOIA and you will know. you dont have to swipe or take info to get you check out from US.. Name and DOB, Passport and stamps on Passport is enough to get your whole history....Smile.
      Don't think...you beat the system..

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      • #4
        what is the FOIA? When I left 5 yrs ago the check-in person saw that I had residency staus from my passport and asked for nothing else. What advise do you have? should I go and come back on my gc (assuming my passport is renewed and has no stamps?? if I overstay the VWp what are the consequences for gaining legal staus again .

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        • #5
          Mohan is right. You just need to get information under FREEDOM OF INFORMATION ACT. You can download this Form from this site and send it to the nearest INS Office. You donot have to mention anything about your stay outside of USA. Just write your name, address and Alien Number etc. If you are not at old address, just file a change of address Form which you can download from this site because it is required by law.
          Good luck.

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          • #6
            thanks umesh, but what of the other holiday visas i have taken out this year, if I return to the US on my GC with a new passport will they know that ive been in and out on VWP . should I leave before my VWp visa expires next week, what advice do you have or can you advise on such matters as my situation ??? many thanks, george

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            • #7
              any others got thoughts on this I dont have time to wait for the FoIA info to come through

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              • #8
                Mohan, just a quick ? on the FOIA form you recommended I file, do I ask specifically for all entry and departure info held on my record??

                any Idea how long before I might get an answer??

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                • #9
                  I think you should leave!
                  Maybe now you don't show in the system, you have done nothing wrong so far. But if you overstay, radar screens will light up!

                  I have a friend who used to have a green card, left the USA around '95.
                  He has been back to USA only for visits ever since.
                  On his last trip, he was pulled over, why? because of a INS mistake, he was shown as having overstayed, even if he had not, he was able to show he had not overstayed, and was let in.
                  His green card is still valid, but in some forgotten box at his home.

                  The morale is: Radars did light up because of an overstay, even if it was an INS mistake.
                  In your case it won't be a mistake if you overstay, and you can get in trouble.

                  Remember also, that due to the new arrival/departure system, you overstay will probably be reported the day you leave. (My friends supposed overstay was in 1998!!)

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                  • #10
                    do you know if your friend was going in and out to the US on hol. visas or thro his gc,

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                    • #11
                      After he left the USA, he only went back as a tourist on VWP.
                      He always stayed for short visits, and only once or twice per year.

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                      • #12
                        They may still have registered you leaving and not having returned enough to keep the green card active. If your green card is defunct as you say, I would recommend that you do everything in your power to avoid an overstay... today's political climate is not immigrant friendly and bars of 10 years or more can easily be applied.

                        If you once held a green card, ou should attempt to determine if you can renew or apply for a new one.

                        Although you may have had valid reasons for leaving, you made a decision at that point in time, and now you have to deal with the consequences. The last thing you want to do is burn your bridges and become an illegal alien!!!

                        So think about it

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                        • #13
                          It seems you never actually relinquished your GC. This makes it fall in the grey area. I had a similar situation with a GC that I got as a minor but my parents never turned in. I then came to the US on F1 and followed the normal F1-H1-GC-Citizen path so I never had to use the expired GC. However I had consulted with some lawyers who indicated that it could somehow be re activated as long as it is not expired.

                          I think that if you now plan to stay in the US on the GC, it may fly. You will not have to special register so chances o being caught are slim to none. You can use the GC to work etc. Only problem I see is the record of having a visitor visa in your passport and if the records are cross checked. Do you feel lucky :-)

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