> Hello!
>
> A German friend of mine immigrated into USA several years ago and
> since that time he had a Green Card with which he was allowed to
> reside and work in the US permanently. He used to live in USA for a
> few years.
>
> Three years ago he left USA and went back to his home country Germany.
>
> Now he wants to visit USA as a tourist in January 2005. It will be his
> first visit since he left USA and since he unofficially is not a LPR
> of USA any more.
>
> USA has a Visa Waiver Program for Germans, that means German tourists
> do not need a visa when they visit USA.
>
> Should my friend carry his Green Card and hand it over to the
> immigration officer at the PoE and tell him that he is not a LPR of
> USA for three years?
>
> Should he bring some proves/forms or what else should he take?
>
> He will stay in USA for less than 90 days. That means he can stay in
> USA under the Visa Waiver Program which allows him to stay in USA for
> up to 90 days. He has a roundtrip ticket Germany-USA-Germany.
>
> Will he face any problems at the PoE because he used to be a LPR of
> the USA? Will the immigration officer regard him as someone with
> immigration intent because he used to be a LPR of USA? Is his return
> ticket enough prove that he has no intent to stay in USA for more than
> 90 days, that means that he has no immigration intent?
>
> How is the PoE in Orlando Airport? Are the immigration officers as
> rude as in JFK Airport in NY?
>
> My friend is a bit nervous because he doesn't want to break any laws
> that he is not aware of.
>
> When he left USA he did not report INS that he will not be a permanent
> resident of USA any more. Did he commit a mistake by not reporting
> this to INS or did he have to report it? If yes, how should he have
> done it?
>
> THANK YOU in advance for your kindly help.
The safest thing to do is to compete an I-407 at the US consulate in
Germany to get rid of the green card, and also get a tourist visa at the
same time.
He could also complete the I-407 at the port of entry and use the visa
waiver program. It's a little more risky because we don't know what
the persons situation is. Sometimes people who qualified for a green
card could have been inadmissible as a visitor for any number of
reasons. For example, someone who was convicted of possession of less
than 30 grams of marijuana could come and go with a green card, but
would need a waiver.
I don't think rudeness at the POE is as big of a deal as efficient and
competant processing. If the person wants to be pampered, they should
go to a spa, and not the border.
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