Can I Have a Visitor Visa While Holding a Green Card But Haven't Entered the U.S. for Over 5 Years?

Many individuals with a U.S. green card face situations where they relocate permanently to another country, such as India, and have not returned to the U.S. in many years. This raises questions about their ability to obtain a visitor visa. In such cases, the process can be quite complex. This article will guide you through the situation and clarify the requirements for obtaining a visitor visa in these circumstances.

Renouncing Your Green Card: The First Step

If you decide to give up your U.S. residency and relocate permanently, you must file Form I-407, ldquo;Notice of Alicantrsquo;s Abandonment of Lawful Permanent Resident Status.rdquo; This form is crucial because, according to U.S. immigration law, you are still considered a permanent resident until you officially abandon your status or are declared so by an immigration court. However, immigration officials often assume that you have abandoned your status, making it nearly impossible to use your green card to enter the U.S. even if it is still valid.

Visa Application Requirements Post-Abandonment

Once you complete the process of abandoning your U.S. residency, you will need to apply for a visitor visa. The key elements to highlight in your application include:

Voluntary abandonment of residence due to strong ties elsewhere, such as India in this context.

The significant time spent away, which has weakened any previous ties to the U.S., demonstrating that you are only a visitor.

Relocating to a new country, like India, and staying there for a considerable period can provide substantial evidence to support your claim of temporary departure from the U.S.

Visa and Dual Intent: The Dilemma

Nonimmigrant visas, including visitor visas, do not typically allow for dual intent, meaning that the visa applicant must prove they do not intend to immigrate while visiting. Given your past holding of a green card, you may face a more stringent scrutiny during your visa application process:

The U.S. Embassy or Consulate will require evidence of strong ties to your home country (India) when applying for a visitor visa to avoid suspicion of immigrant intent.

Since you had a green card in the past, you might face additional challenges proving that you intend to return to your home country rather than immigrate.

To overcome these challenges, you will need to provide clear evidence of your intention to return to India after your visit. This could include:

Employment contracts or job offers in India.

Financial investments or assets in India.

Proof of property ownership or investments.

Family ties and support in India.

Conclusion

To summarize, if you have renounced your U.S. residency and hold an expired green card, you can apply for a visitor visa to visit the U.S. However, the process will require you to demonstrate your intention to return to your home country (India in this case) and provide substantial evidence of your ties to that country.

Always be proactive in addressing potential concerns and prepare comprehensive documentation to support your application. Consulting with a legal professional specializing in immigration law can also be beneficial to ensure that all aspects of your case are thoroughly addressed.