How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Your Own Question
Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28190
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

I lived and worked in the us from 1991 to 1994 under a

Customer Question

Hi, I lived and worked in the us from 1991 to 1994 under a B2 visa and then again from 1999 to 2003 but with a green card. I entered the US the last time in 2004 but am still in possession of my green card, as I had hoped to work there again. I am now afraid of consequences if I were to travel to the US. Should I enter as tourist or under as resident? Should I return my green card (I no longer expect to be working there)? if so, how should this be accomplished (at the US embassy in Luxembourg where I live now). Other than me, my daughter, wife also still have green cards, while my son was borne in New York in 2001 and has double nationality (US and Luxembourg). So he has the right to a US passport, which he had but which has now expired. I want to come clean, how best to do that (I am quite nervous as business travel should take to the US in the coming months). Thanks for your help, Gilles *****

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Hello Gilles, my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

First, don't be nervous as you have not done anything wrong.

What you do need to do is to do a formal abandonment of your resident status since you have under the law abandoned it by residing outside the US for more than one year. It is a simple process to give it back.

This is the form I-407

http://www.uscis.gov/i-407

It is filed, by mail or courrier with the international USCIS field office for your country which I believe would be Germany.

The USCIS will acknowledge receipt and that the record has indicated formal abandonment.

That will then allow you to use the ESTA program to enter the US for your business travel if you will be here for less than 90 days. You can apply for ESTA online

https://www.usavisaonline.com/esta.html?store=english

I would recommend that your wife and daughter also file the I-407 since they no longer would be eligible for entry into the US under their existing card because of abandonment.

I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.

Judith

http://www.uscis.gov/about-us/find-uscis-office/international-offices/germany-frankfurt-field-office

Expert:  Judith replied 1 year ago.

Please let me know if you have any follow-up questions and just a friendly reminder if my answer was satisfactory, please remember to rate, that is how an expert receives compensation for their time. No rating, no comp.

Judith