GC Abandon and Recapture of PD

[bones20]

Hi Guys - I have a hypothetical question: can a person reuse priority date from a previously approved (and subsequently abandoned) green card in the same category? Seems like this is so rare, I cant find much info on internet. The closest info I found was this (which is for immigrant visa). I am presuming the same would apply for permanent residency:

https://fam.state.gov/fam/09FAM/09FAM050303.html


b. Priority Date Validity After Visa Issuance:

(1) After Visa Issuance but Before Admission to United States: An alien issued an immigrant visa (IV) who fails to enter the United States would be entitled to the priority date previously established by the petition. However, since the visa has expired, the alien must apply for a new visa. If all the circumstances remain the same, you may proceed with issuing the visa. If, however, the same circumstances do not exist, you should request an AO from L/CA. (See 9 FAM 304.3-1.)

(2) After Admission to United States: An alien cannot reuse a priority date which was used for the issuance of an immigrant visa (IV) which the alien in turn used to gain lawful admission into the United States

If the above is true, how will USCIS prevent/catch this if I provide one of my several (from previous employers) previously approved i-140 (not the one actually used for i-485 which led to the approval of the green card subsequently abandoned) to recapture priority date.

[Turbulent_Dragonfly]

Hi Guys - I have a hypothetical question: can a person reuse priority date from a previously approved (and subsequently abandoned) green card in the same category? Seems like this is so rare, I cant find much info on internet. The closest info I found was this (which is for immigrant visa). I am presuming the same would apply for permanent residency:

https://fam.state.gov/fam/09FAM/09FAM050303.html



If the above is true, how will USCIS prevent/catch this if I provide one of my several (from previous employers) previously approved i-140 (not the one actually used for i-485 which led to the approval of the green card subsequently abandoned) to recapture priority date.

https://www.immi-usa.com/green-card-abandonment/

[qesehmk]

Hi Guys - I have a hypothetical question: can a person reuse priority date from a previously approved (and subsequently abandoned) green card in the same category? Seems like this is so rare, I cant find much info on internet. The closest info I found was this (which is for immigrant visa). I am presuming the same would apply for permanent residency:

https://fam.state.gov/fam/09FAM/09FAM050303.html



If the above is true, how will USCIS prevent/catch this if I provide one of my several (from previous employers) previously approved i-140 (not the one actually used for i-485 which led to the approval of the green card subsequently abandoned) to recapture priority date.

You don't have to get back in the long queue. You can bypass it by applying as returning resident.

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

[bones20]

You don't have to get back in the long queue. You can bypass it by applying as returning resident.

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

What if it gets denied?

[Turbulent_Dragonfly]

What if it gets denied?

From the same link that Q sent out:

If Your Application to Determine Returning Resident Status is Not Approved
If, after reviewing your Application to Determine Returning Resident Status, Form DS-117, and supporting documents, the consular officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa on the grounds that you have abandoned or relinquished your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis and under the same category by which you immigrated originally.

[bones20]

From the same link that Q sent out:

If Your Application to Determine Returning Resident Status is Not Approved
If, after reviewing your Application to Determine Returning Resident Status, Form DS-117, and supporting documents, the consular officer determines that you do not meet the criteria for a Returning Resident (SB-1) immigrant visa on the grounds that you have abandoned or relinquished your residence in the United States, it may or may not be possible to obtain a nonimmigrant visa depending on whether you have established a residence abroad to which you will return. If you cannot submit convincing evidence of compelling ties abroad, you may have to apply for an immigrant visa on the same basis and under the same category by which you immigrated originally.

Well, I am not sure if it still answers my question. Lets say GC was obtained, then abandoned. Lets say there isnt enough evidence to apply for returning resident visa (or that it gets denied). Subsequently you re-enter on a non-immigrant visa (say h1b) and you decide to obtain GC again in the same category of the previously abandoned GC. Do you get to recapture your previous priority date (used already to obtain the abandoned GC). I hope the question is clear.

thanks!

[Turbulent_Dragonfly]

Well, I am not sure if it still answers my question. Lets say GC was obtained, then abandoned. Lets say there isnt enough evidence to apply for returning resident visa (or that it gets denied). Subsequently you re-enter on a non-immigrant visa (say h1b) and you decide to obtain GC again in the same category of the previously abandoned GC. Do you get to recapture your previous priority date (used already to obtain the abandoned GC). I hope the question is clear.

thanks!

As they indicated on the page, they may or may not issue a NIV depending on if you can prove residence abroad.

I don?t think people understand the gravity of obtaining permanent residence. You are literally saying that you are going to reside here permanently. So if you go through all that process and then abandon it, you are basically penalizing yourself. From a USCIS perspective, you are applying saying you are going to permanently reside here and then after the fact not doing so. So how are you going to prove a residence abroad in short order after that? You may again be able to enter on H1 or L1 as they are dual intent. It?s not clear to me but looks like they will not let you retain your PD because it?s basically consumed once you get a GC. It might be better to stop at I-140 stage and not file I-485 in case you are not sure of your future plans. In that case, you should be able to use that PD any time in the future.

[Turbulent_Dragonfly]

Last link here as this is a bit off topic to be honest when so many of us are fighting so hard to get a GC! Maybe mods can move it to another thread where people can come up with creative ways to abandon their green card after spending a lot of time and money ;-)

https://www.immi-usa.com/green-card-abandonment/

[qesehmk]

As they indicated on the page, they may or may not issue a NIV depending on if you can prove residence abroad.

I don?t think people understand the gravity of obtaining permanent residence. You are literally saying that you are going to reside here permanently. So if you go through all that process and then abandon it, you are basically penalizing yourself. From a USCIS perspective, you are applying saying you are going to permanently reside here and then after the fact not doing so. So how are you going to prove a residence abroad in short order after that? You may again be able to enter on H1 or L1 as they are dual intent. It?s not clear to me but looks like they will not let you retain your PD because it?s basically consumed once you get a GC. It might be better to stop at I-140 stage and not file I-485 in case you are not sure of your future plans. In that case, you should be able to use that PD any time in the future.

Very well said. If I might add - abandoning GC is serious because with permanent residence comes Uncle Sam's taxman after you. You just can't at will stop being a GC holder. There is a process to do it. And if there is even a hint of fraud, then uncle sam is not some stupid guy or a corrupt babu who will let you in with a slip of $100 bill.

If you can't return as resident then the chances of you ever getting a GC are much less.

[srimurthy]

This thread is for discussing abandoning a GC and reuse of old Priority date or any other discussions around reapplying for GC