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

  1. #1
    Guest
    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. #2
    Guest
    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.

  3. #3
    Guest
    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..

  4. #4
    Guest
    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 .

  5. #5
    Guest
    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.

  6. #6
    Guest
    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

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

  8. #8
    Guest
    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??

  9. #9
    Guest
    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!!)

  10. #10
    Guest
    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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