Legal Question in Immigration Law in California
Withdrawing my permanent residence card
Hello,
I am currently in the process of getting my greencard and have a permanent residence card, I also have my passport stamped for travel authorization (very handy instead of carrying the letter around!!). Unfortunately I am disappointed with certain government situations here and have elected to move out of country, I wish to cancel my permanent residence card (seeing as how it is so very difficult for individuals to become permanent here, this will free up one spot for another individual). I am not sure if I am allowed to do this, or if there are going to be fees, no one will give me a straight answer. As well, how do I do this? Do I need to submit a letter? See a judge? Go to the INS office? Help!!
Thank you,
Terry
2 Answers from Attorneys
Re: Withdrawing my permanent residence card
You can file a form to renounce your permanent residence status or simply abandon it by staying outside of the U.S. for a year or more.
Re: Withdrawing my permanent residence card
As far as I know the petitioner that filed for the case originally can petition the immgration office with an explanation that he/wishes to withdraw the petition for permanent residence.
Also, if you leave the US for a period of one year or longer as a resident and try to re enter later on you might loose your green card by abandoning your residency. If it happenes at the airport, your passport might be atken away from you and they will set up a hearing date for you to appear in front of a judge to fight this. If this happenes you can file the request to cancel you residency. I just had a case like this with a client from Germany. I'll be happy to assist if you need the advice.
Jacob Sapochnick, LL.M
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