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 Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 111982
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
Type Your US Law Question Here...
Guillermo Senmartin is online now

Married 21 yrs to USC, and have had a green card, this one

This answer was rated:

Married 21 yrs to USC, and have had a green card, this one expires in 2018. Staying in the UK as of Aug 2009, husband suffers from Post Traumatic Stress Disorder,ex military.Even though our 15 yr old and I wanted to return, resulted in teen depression, we remained because he felt he couldn't cope with USA, repeated redundancies, hurricane damage and had to get away. My mother in law has gifted us with return airline tickets to visit her this Christmas.I am approved for ESTA but have read that my green card is already viewed as abandoned,so is is better to give it up to the US Embassy filing an I-407, BEFORE, we travel , otherwise I will be refused entry and immediately returned to the UK? I have maintained my USA nursing license, friendships and we file US taxes. WE have no home(foreclosure) or bank accounts there. There is a possibility that we may to return to the USA in next 2 years depending on his mother's health Thank You
Welcome to JustAnswer! My name is***** I am a licensed attorney and I am here to help resolve your legal issue. Tackling legal issues can sometimes get cumbersome or confusing. Should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know at any time during our question and answer session if you are interested in these – I am happy to give you more details! You are NOT charged per question and you are NOT charged per response, so post at your desire! Just please remember that sometimes the law does not have an easy or convenient solution and that is not the fault of the expert. Please do not shoot the messenger.
You do not plan to immigrate to the U.S. at this time, correct?
You do not plan to immigrate to the U.S. at this time, correct?
Customer: replied 3 years ago.

Sorry for the delay in my reply, Not at this time but fully intend to do so by 2015/2016. It just bothered me having had green card for so long that all of that time, payment into social security etc would count for nothing. Thanks for your offer of private email as well.

Ok. I ask that you PLEASE not log off without leaving a smiley face/positive rating. This is VERY important and we do not finish just because it says, “To finish…”
Yes, the correct way to do it is to file an I-407 just as a housekeeping matter. It would vastly increase your chances upon entry and not having an issue at the Port of Entry. That you have so many ties outside of the U.S. is good. You may need to show some of those ties as well. Here is a link to things that you can have with you to show such things:
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.
Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for very useful information. The main goal is to avoid any delay upon entry as my husband couldn't take the stress nor my in laws as they are elderly. I really had not thought but do especially appreciate the link re proving ties outside of the US, hadn't heard of it before you mentioned it or even occurred to me! Easy enough as our daughter is still in high school and she will finish late Spring 2016 as she makes plans for college in the US.

FYI .have you heard of anyone gaining entry without giving up their green card? Probably years ago maybe,it is with a heavy heart that I do so, esp incurring new filing fees but value your expertise. Thanks again Smile

I would not worry about giving up the green card. They don't get mad if you give it up and it will not prevent you from getting a new one in the future. It doesn't count against you. But I have not heard of someone using a non-immigrant visa and not giving up their green card. That is additional evidence of abandonment.
Hello Virginia. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!