Can I renew my US Green Card from Thailand?

[daij1944]

I am a British citizen but have lived in the USA for over 40 years. I married an American -- that's how I qualified for a Green Card (aka Permanent Resident Card). Now divorced but with children, grandchildren, property and taxes in the US. I am in Thailand now and would like to stay until the summer however my Green Card expires in April. Can it be renewed from Thailand? Does anyone know or have experience with this question. Thanks.

[ubonjoe]

Moved to visas for other countries forum

[Thanyaburi Mac]

I think NOT, but to be absolutely sure, you could check with the U.S. CIS office on Wireless Road:

http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

U.S. Citizenship and Immigration Services

Address: Sindhorn Building
Tower 2, 15th Floor
130-132 Wireless Road
Bangkok 10330, THAILAND

Tel.: 02-205-5352 (within Thailand)
Tel.: 011-662-205-5352 (from the United States)

Email: [email protected]

The Bangkok Office is located next door to the U.S. Embassy, Tower 2, 15th Floor, Sindhorn Tower Building. Pay parking and access for individuals with special needs is available.

The office is open to the public Monday through Friday from 8:30 am to 12:00 noon. We are closed on Thai and American holidays.

[ubonjoe]

From: http://www.uscis.gov/green-card/after-green-card-granted/renew-green-card

"How to Renew a Green Card If You Are Outside the United States

If you are outside the United States and your green card will expire within 6 months (but you will return within 1 year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.

If you are outside of the United States when the card expires and you have not applied for the renewal card prior to your departure, you should contact the nearest U.S. Consulate,USCIS office, or U.S. port of entry before attempting to file Form I-90 for a renewal green card. "

You may need to apply for re-entry permit. See: http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

[Thanyaburi Mac]

If your intent is to return to the U.S. this summer and stay there, you might still be OK with an expired Green Card.

Note, while the Card won't be of any use, you might be eligible for a Returning Resident Visa, SB-1, from the Consular Section at the embassy.

https://travel.state.gov/content/visas/en/immigrate/returning-residents.html

Suggest you do a Google for: returning resident visa So

There's lots of hits and note the key word in many of them is "may," in that you may be eligible for the SB-1 visa, but you may not be, too.

So, best to review your situation with the USCIS folks, and also perhaps with the Consulate.

Mac

[bubba]

Be aware that if you are out of the USA for more than six months, they can consider you to have abandoned your residency and they may take and cancel your green card the when you return. They will certainly do that if you are away for a a year.

If you are doing extended or multiple long stays outside the USA, you should obtain a re-entry permit. This must be applied for while you are in the USA. A friend of mine did this recently from Guam, which is not all that far from Thailand and flights would be cheaper.

[al007]

A few months ago a friend returned to the USA only to have her green card confiscated at immigration on the way into the USA because she had been out too long, (her green card was still valid) remember most countries are not as easy going on people who break the rules, as is Thailand, was granted a normal tourist entry

I am not sure of the exact rules but once you have held a green card long enough you can get a USA passport and then come and go as you wish, I had an Israeli wife who did this sucessfully

[realenglish1]

The long and the short of it is NO you cannot renew a green card out of the the United States

[DrDave]

The long and the short of it is NO you cannot renew a green card out of the the United States

Did you read ubonjoe's post (#4)?

This is the procedure for renewing an unexpired green card when outside of the US, copied from the USCIS website. The OP's green card is still valid, and doesn't expire until April.

[DrDave]

The rules regarding revocation of a green card due to long periods of absence seem to be at the discretion of the Immigration authorities at your arrival point in the US.

For sure, a 6 month absence is no problem at all. 6-12 months is taking a bit of a chance, and 1 year or more is a red flag unless you previously submitted the form stating you intend to be out of the US for 1 year or more, and provide the reason. (Sorry, I don't know the name of this form, but I think it may have been mentioned in a prior post).

For what its worth, the reasoning behind the revocation is that USCIS believes that you wanted to reside in the US when you applied for the Green Card. Being out of the country for a year or more implies (to them) that you no longer wish to reside permanently in the US, which is why they will sometimes revoke a green card.

The thing that you have working in your favor is that you've resided in the US for 40 years, so they may give you a break. You may need to provide proof (such as copies of your previous green cards).

As someone who has held a green card for more than 5 years, it should be very easy for you to obtain US citizenship (if you're so inclined). AFAIK, there is no downside to getting citizenship and a passport, as tax reporting and remittance is the same for citizens as it is for green card holders. All you need to do is submit the application for naturalization along with the fee (over 1,000USD as I recall), show up for the biometrics appointment (fingerprints and digital photo), and go to the interview which will be scheduled for several months out, where you'll be required to pass a civics test.

[Mansell]

I am also British and lived in the USA for forty years. When I returned to the USA last year after being in Thailand only ten days, immigration took me aside and grilled me for quite a while. They seemed shocked when I told them I had a job and a girlfriend in California.....though I was seventy at the time. It turned out if they believe you are living in another country while holding a Green Card, they will remove your card and not allow you to enter the USA. You cannot be living in another country with a Green Card pure and simple. Being as I was going through US immigration in Vancouver, Canada I would have been royally screwed. So be careful just returning to the USA, and I think Thailand was the problem for them. I have had a Green Card for forty years and travelled many times to Asia, Africa, and Central America, but never been questioned before. I would suggest going back early and get it sorted out. If you have lived there for so long why not become an American citizen. I did that last December, got a passport in two weeks, a Thai retirement visa, and then left probably for good. Now I have dual citizenship. Good luck whatever your choice.

[Langsuan Man]

A few months ago a friend returned to the USA only to have her green card confiscated at immigration on the way into the USA because she had been out too long, (her green card was still valid) remember most countries are not as easy going on people who break the rules, as is Thailand, was granted a normal tourist entry

I am not sure of the exact rules but once you have held a green card long enough you can get a USA passport and then come and go as you wish, I had an Israeli wife who did this sucessfully

Sorry, but you have to have US citizenship in order to get a US Passport, either by birth or naturalization, and yes a Green card it the first step towards that goal but is no guarantee of citizenship

[Thanyaburi Mac]

Just for clarification, the Green Card is for a person who is a PERMANENT RESIDENT ALIEN, not for someone who lives mostly outside the U.S. In most instances, that is.

Note the "Permanent".

Mac

[Ulic]

I am also British and lived in the USA for forty years. When I returned to the USA last year after being in Thailand only ten days, immigration took me aside and grilled me for quite a while. They seemed shocked when I told them I had a job and a girlfriend in California.....though I was seventy at the time. It turned out if they believe you are living in another country while holding a Green Card, they will remove your card and not allow you to enter the USA. You cannot be living in another country with a Green Card pure and simple. Being as I was going through US immigration in Vancouver, Canada I would have been royally screwed. So be careful just returning to the USA, and I think Thailand was the problem for them. I have had a Green Card for forty years and travelled many times to Asia, Africa, and Central America, but never been questioned before. I would suggest going back early and get it sorted out. If you have lived there for so long why not become an American citizen. I did that last December, got a passport in two weeks, a Thai retirement visa, and then left probably for good. Now I have dual citizenship. Good luck whatever your choice.

I think this is what they want you to do. Now you have to file a US tax return for life. I have a

friend who worked 30 years in the US. Married an American, has three kids born in the US.

Moved back to Canada. I don't think his green card has an expiry date. He lives in a border

town and crosses regularly. When they ask him to return the green card, he declines

the request. He does not travel with it. Apparently they cannot force you to return it but

they also do not have to be truthful. They will tell you they can and do have the right.

Immigration lawyers say otherwise. So who knows. If you don't need it, turn it in. If it serves

a purpose and don't mind filing a US tax return for the rest of your life, get your US

citizenship. Up to you.

[bubba]

They cannot force you to return the green card? Under law, they can certainly remove your permanent residence status under the following conditions:

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

[Coyoti]

My Thai wife and I spend up to 6 months every year in Thailand and the rest of the time in the US. My wife has her 10 year Green Card. A couple of years ago we were in Thailand for 2 days short of 6 months. The Immigration Officer in the US gave us a warning about my wife staying away too long, but let her in anyway. He wanted her to have a re-entry permit next time. Apparently at least this IO defined "extended period of time outside the US" as 6 months. I looked into it, and the cost of the re-entry permit is $445 total.

It is my understanding that to become a US citizen requires 5 years in the US if single or 3 years if married to a US citizen before you can apply. Any "extended absence" doesn't count towards this requirement. The OP obviously has met this requirement.

[daij1944]

many, many thanx for all your answers. the picture is getting clearer. have booked an interview at the us embassy. will let you know if i learn anything further than what has been said (which is largely consistent with "NO" you can't renew your green card from outside the US.

[bubba]

A call to the USCIS field office in Bangkok might save you some time:

http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

[IMA_FARANG]

A call to the USCIS field office in Bangkok might save you some time:

http://www.uscis.gov/about-us/find-uscis-office/international-offices/thailand-uscis-bangkok-field-office

-----------------------------

A good idea.....but I don't believe they will be open until Monday the 4th of January because of the New years holidays.

[Langsuan Man]

It is my understanding that to become a US citizen requires 5 years in the US if single or 3 years if married to a US citizen before you can apply. Any "extended absence" doesn't count towards this requirement.

Nor do those 5 and 3 year figures take into account the usual one year wait to get the approval once you apply for citizenship

Maybe it has changed but it took 3 + 1 year for the ex to get her's and believe me I was counting the days so I could file for divorce

[TuskegeeBen]

My Thai wife and I spend up to 6 months every year in Thailand and the rest of the time in the US. My wife has her 10 year Green Card. A couple of years ago we were in Thailand for 2 days short of 6 months. The Immigration Officer in the US gave us a warning about my wife staying away too long, but let her in anyway. He wanted her to have a re-entry permit next time. Apparently at least this IO defined "extended period of time outside the US" as 6 months. I looked into it, and the cost of the re-entry permit is $445 total.

It is my understanding that to become a US citizen requires 5 years in the US if single or 3 years if married to a US citizen before you can apply. Any "extended absence" doesn't count towards this requirement. The OP obviously has met this requirement.

FYI ~ There is huge perceptual difference between a British male (married w/ green card, to a female U.S. citizen), compared to a Thai female (married w/ green card, to a male U.S. citizen).

Edited January 1, 2016 by TuskegeeBen

[phuketandsee]

My Thai wife and I spend up to 6 months every year in Thailand and the rest of the time in the US. My wife has her 10 year Green Card. A couple of years ago we were in Thailand for 2 days short of 6 months. The Immigration Officer in the US gave us a warning about my wife staying away too long, but let her in anyway. He wanted her to have a re-entry permit next time. Apparently at least this IO defined "extended period of time outside the US" as 6 months. I looked into it, and the cost of the re-entry permit is $445 total.

It is my understanding that to become a US citizen requires 5 years in the US if single or 3 years if married to a US citizen before you can apply. Any "extended absence" doesn't count towards this requirement. The OP obviously has met this requirement.

FYI ~ There is huge perceptual difference between a British male (married w/ green card, to a female U.S. citizen), compared to a Thai female (married w/ green card, to a male U.S. citizen).

Some pretty major biological, not to say emotional, differences too!

[ableguy]

Moved to visas for other countries forum

Why on earth did you not take out citizen ship ?

[Langsuan Man]

Why on earth did you not take out citizen ship ?

Probably for the same reason I would eat my US passport if I was on a hijacked airplane