Returning to US with Green Card and HSMP in passport

[mcendless]

I have GC and want to go to UK on my HSMP but want to be able to return to the US within the first six months (if needed).

I would appreciate if someone would share his/her experience. Were you admitted smoothly? Did they ask any questions or requested some evidence that your residence was not abandoned (US bank/credit card account, tax returns etc)?

[JAJ]

I have GC and want to go to UK on my HSMP but want to be able to return to the US within the first six months (if needed).

I would appreciate if someone would share his/her experience. Were you admitted smoothly? Did they ask any questions or requested some evidence that your residence was not abandoned (US bank/credit card account, tax returns etc)?

If you have a GC why on earth are you even interested in HSMP?

[Christophe]

If you have a GC why on earth are you even interested in HSMP?

Perhaps the poster thinks he or she would prefer to live in the UK than the US.

[mcendless]

Well I've already lived here for over six yrs so now I feel like moving somewhere else

On a bit more serious note, I do think that the Europe and UK in particular are on the rise while the US is due to adjustment because of reckless govt spending, too much red tape and other likewise complacency. The UK authorities granted me HSMP in less than a month while it took 5+ yrs for DOL & USCIS to produce my GC. This sole fact speaks volumes to me.

[joesoap101]

Having a HSMP visa in your passport could very well be interpreted by immigration officials that you have abandoned your residence and your immigrant status could be revoked and you could be denied entry.

[Marco 72]

Well I've already lived here for over six yrs so now I feel like moving somewhere else

On a bit more serious note, I do think that the Europe and UK in particular are on the rise while the US is due to adjustment because of reckless govt spending, too much red tape and other likewise complacency.

Government spending as a percentage of GDP is a lot higher in the UK than in the US. So is red tape, especially for businesses.

The UK authorities granted me HSMP in less than a month while it took 5+ yrs for DOL & USCIS to produce my GC. This sole fact speaks volumes to me.

Immigration is undoubtedly easier in the UK but it is only one aspect of life there. Also, there aren't that many people who die every day to get into the UK.

[SYH]

Having a HSMP visa in your passport could very well be interpreted by immigration officials that you have abandoned your residence and your immigrant status could be revoked and you could be denied entry.

I believe your green card is not in your passport??
And although the hsmp sticker will be, they IO basicaly check the validity of the green card and then the passport, they don't really check to see if you got other stickers and if you do, as a non-citizen of the us, it very well could be sticker so you can visit ths country.
As you failed to provide your citizenship, it would be hard to provide you similar stories of friends I have that have GC and their experiences.

[joesoap101]

I wouldn't be so sure- they are now checking passports for domestic flights, and recently served a deportation order on a Filipino I believe for being an illegal immigrant when she was pulled aside before boarding a domestic flight.

Security has increased substantially and you are also now required to give 10 prints.

All I'm saying is that in the event that an Immigration Officer has any reason to believe that you have abandoned residency you will be in a very difficult situation. Because the onus of proof of abandoning residency will be on the Immigration Officer, having an HSMP in your passport will make this very easy for him/her in deed.

[Marco 72]

All I'm saying is that in the event that an Immigration Officer has any reason to believe that you have abandoned residency you will be in a very difficult situation. Because the onus of proof of abandoning residency will be on the Immigration Officer, having an HSMP in your passport will make this very easy for him/her in deed.

The decision as to whether someone has abandoned LPR status does not depend solely on the immigration officer. Every person claiming to be a LPR has the right to appear before an immigration judge. I don't think an HSMP visa by itself would make much difference, since it does not necessarily imply a decision to move abroad permanently.

[joesoap101]

All I'm saying is that in the event that an Immigration Officer has any reason to believe that you have abandoned residency you will be in a very difficult situation. Because the onus of proof of abandoning residency will be on the Immigration Officer, having an HSMP in your passport will make this very easy for him/her in deed.

The decision as to whether someone has abandoned LPR status does not depend solely on the immigration officer. Every person claiming to be a LPR has the right to appear before an immigration judge. I don't think an HSMP visa by itself would make much difference, since it does not necessarily imply a decision to move abroad permanently.

I dont agree. Having an HSMP in your passport, which you explicitly have to apply for to live and work in the UK can easily be considered as intent to abandon permanent residency whether before a judge or immigration officer especially if you have lived in the US for the last 6 years.

But, everyone has to make decisions for themselves- with heightened security in just about every country; you decide which is more important.

[lanwarrior]

I am also asking the same question as JAJ *(moderator): you have a green card, why do you want to move to UK?

I don't want to be biased or anything, but take a look at my post here: http://www.immigrationboards.com/viewto ... highlight=.

I got HSMP approved in January 2007 and lived there for about 8 months. With all the issues I had, I now have RETURNED to US and opted to go with my US green card application.

I think if you get used to live in the US and planning to move to UK, please take sometime to live there for about 1-2 months and see if you like the lifestyle before moving there permanently. I just don't want you to end up like me and jeopardize your green card.

[LayaLu]

I am a greencard holder and my husband is US citizen. Although we love it here in the US, we just want to experience a different lifestyle - specifically, a European lifestyle.

So my husband has applied for HSMP and I will be added as dependent.

My concern is how this will affect my green card status. As a dependent, what gets stamped into my passport? And since I was not the original applicant, could this still be a problem for me upon re-entry or later on when I apply for citizenship?

Any insights would be appreciated

[Marco 72]

Depending on how long you stay in the UK and other things, you may lose your green card status and/or the possibility of applying for US citizenship (unless your husband works for a US firm or the US government). It might be a good idea to apply for US citizenship or at least a re-entry permit before you leave.

[LayaLu]

Thanks for your reply.

We plan to stay in the UK for about a year. But I will be travelling back to the US every 5 months in order to maintain my green card status.

You mentioned that it depends on how long we stay in the UK and "other things". What would be examples of these "other things"?

[JAJ]

Thanks for your reply.

We plan to stay in the UK for about a year. But I will be travelling back to the US every 5 months in order to maintain my green card status.

Visiting the U.S. does not in itself maintain your green card (although it can help). What if circumstances lead you to want to stay longer?

Are you aware that even if you don't lose your Green Card you may have to re-start the 3 year clock for naturalization when you return.

Why not put off the year in Britain until you're sworn in as an American citizen, if keeping the right to return to the U.S. is important to you.

[joesoap101]

Theres more info here:

http://www.americanlaw.com/maintlpr.html

"Factors Considered When Determining The Alien's Intent

The Board of Immigration Appeals ("BIA") in Matter of Kane, 15 I. N. Dec. 258 (BIA 1975), subjective intent can sometimes be determined from examination of such elements as:

* Purpose for departing. The traveler should normally have a definite reason for proceeding abroad temporarily.

* Termination Date. The visit abroad should be expected to terminate within a period relatively short, fixed by some early event. If unforeseen circumstances cause an unavoidable delay in returning, the trip would retain its temporary character, so long as the alien continued to intend to return as soon as his original purpose was completed.

* Place of employment or actual home. The traveler must intend to return to the United States as a place of employment or business or as an actual home. He must possess the requisite intention to return at the time of departure, and must maintain it during the course of the visit.

In Matter of Quijencio, 15 I. & N. Dec. 95 (BIA 1974) the BIA also considered the location of alien's ties, such as family, job or property, as an aid in determining the alien's intent.

Many aliens acquire lawful permanent residence and soon after return to their home and employment in a foreign country, visiting the United States only briefly each year. However, simply using their Form I-551 (i.e. green card) each year for visits to the United States does not entitle aliens to retain their lawful resident status. For example, in Matter of Huang, the alien and her two children had resided in Japan except for brief annual visits to the U.S. to maintain permanent resident status. The BIA found that she had abandoned her lawful permanent residence since: (1) she had stayed with her sister-in law during her brief visits in spite of her ownership of a house in the U.S.; (2) she had never lived or worked in the U.S.; (3) her children had gone to school in Japan; (4) she had worked and bought a house in Japan; (5) there was no firm projected date for the family's return to the U.S."