I am an Indian citizen & was married to a US citizen in 2008 & subsequently got a green card. I divorced him in 2009/2010 & haven't returned to US since 2010. My card expired in 2012. I wish to visit now for a holiday as my sister lives in Detroit, do I have to surrender this card that I have? Do I still need to go the consulate for an interview after applying with a DS form etc. What procedure or visa type applies to my case now? Any help is much appreciated. Thank you.
You do not need to surrender the card. After a year abroad, your LPR status is considered abandoned. Staying away for 3 years essentially confirms it without really compelling reasons. You may not be able to enter the country with that green card and you would have a tough time with CBP. You may be eligible for a visitor's visa though.
William Michael CavanaughImmigration AttorneyWest Palm Beach, FLFL licensed ·
You abandoned your resident status by staying outside the US for over 1 year. You are well over that now, so it does not matter that the card expired, they look at the time spent outside the US which is more like 4 + years. However, while you don't have to surrender the card, it might actually help you to obtain a visitor visa if you do so. There is a form which you can submit which formally relinquishes your resident status, and if you were to fill that out (I-407), it might be looked at favorably when applying for a visitor visa, though the granting of the visitor visa is still discretionary and they will still want proof that you have ties to India and therefore will be certain to return.
You will need to go through the usual process for aliens who have no US immigrant status and apply for a nonimmigrant visa or through the VWP if you qualify. The threshold for securing any nonimmigrant visa will be higher based on the fact you were previously a LPR and thus could possibly have immigration intent still.
It appears that you obtain Conditional Permanent Residence (two-year green card) through marriage. You then divorced, and it appears that you never filed a Petition to Remove the Conditions on Permanent Residence. It appears that, at this time, you are no longer a Permanent Resident, and you will likely not be allowed to return to the US as a Permanent Resident. You need to consult with an immigration attorney for more details.
