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Trying to move back to USA from UK

3721 Views 12 Replies 3 Participants Last post by  Fatbrit, 
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I used to live in America but moved back to the UK. When I moved back to the UK I didn't fill any paperwork for leaving the USA. I still have my social security number and green card. I know that officially my green card should be void, although it's an older one with no expiry date on it. I wonder what would happen if I simply flew back to the USA, started working again and filed taxes. I've got a bank account over in the USA still, and an address. Or what would happen if I filed a 1040a with NO EARNINGS. I can't send the IRS any P45s because I haven't been there to work. Would I simply fall back into the system nice and easily? I'm wondering this because I really want to go back to USA and work as a teacher. If I've not filled any paperwork to leave USA, do they know I've gone? How would they know if I simply just come back into the country again, start working, file taxes. Any comments? Do you know of anyone who has done this successfully?
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Fatbrit
How long have you been gone?
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Fatbrit said:
How long have you been gone?
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Too long unfortunately. 18 years. I can reapply for another green card but it will take over 10 years (using my sister who is now a USA citizen). I know the green card doesn't have an expiry date on it. I also opened up a bank account last year with no problems. I'm going to try and get a driver's license too because I've got all the ID they need. But I don't know if the IRS will question why I've not filed for so long, hence resulting in knock-on effects.
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Fatbrit
texaslimey said:
Too long unfortunately. 18 years. I can reapply for another green card but it will take over 10 years (using my sister who is now a USA citizen). I know the green card doesn't have an expiry date on it. I also opened up a bank account last year with no problems. I'm going to try and get a driver's license too because I've got all the ID they need. But I don't know if the IRS will question why I've not filed for so long, hence resulting in knock-on effects.
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I think it's probably gone. You have to maintain your PR status in the post 9/11 era. The fact that your card is the old type that never expired is neither here nor there. There are two options open to you if you want to pursue your residency but I don't give either much hope:
1/ Apply at a US embassy for a returning resident's visa OR
2/ Gate crash the border holding out that you are a permanent resident. If by some miracle they believe you, you are good to go but may have problems if you come to USCIS's attention (e.g. naturalising). If they don't believe you, they'll parole you in for a future date in an immigration court provided you stand your ground. There you will have to prove you did not intend to relinquish your PR.

Neither option should be attempted without at least a consultation with a US immigration lawyer who has experience in abandonment. Note that most lawyers do not -- ask for references of successful cases they've managed.

Failure to file taxes is probably the first question any court will ask.

Sorry to be doom and gloom.
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Fatbrit said:
I think it's probably gone. You have to maintain your PR status in the post 9/11 era. The fact that your card is the old type that never expired is neither here nor there. There are two options open to you if you want to pursue your residency but I don't give either much hope:
1/ Apply at a US embassy for a returning resident's visa OR
2/ Gate crash the border holding out that you are a permanent resident. If by some miracle they believe you, you are good to go but may have problems if you come to USCIS's attention (e.g. naturalising). If they don't believe you, they'll parole you in for a future date in an immigration court provided you stand your ground. There you will have to prove you did not intend to relinquish your PR.

Neither option should be attempted without at least a consultation with a US immigration lawyer who has experience in abandonment. Note that most lawyers do not -- ask for references of successful cases they've managed.

Failure to file taxes is probably the first question any court will ask.

Sorry to be doom and gloom.
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Thanks. Is a Returning Resident's Visa the same as a Green Card? I'm applying for teaching jobs in USA, so do you know if the employer takes care of the worker visa details etc. I'm in the dark about all this.
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Fatbrit
texaslimey said:
Thanks. Is a Returning Resident's Visa the same as a Green Card? I'm applying for teaching jobs in USA, so do you know if the employer takes care of the worker visa details etc. I'm in the dark about all this.
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You're more than likely H1b. Unless you're teaching at the tertiary level, the allocation's out for this year. Starts again next April to start work Oct 2010 earliest.

At the secondary or primary level, state schools are laying off teachers because of budget cuts. Private/charter schools you may get lucky, but it'll be slim pickings. A few years back, school districts in the less salubrious areas would actively recruit foreign teachers. Not heard of any doing so for a good while, though.
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Fatbrit
texaslimey said:
Thanks. Is a Returning Resident's Visa the same as a Green Card?
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Returning resident's visa here: Returning Resident Status

I don't recommend you apply for one without consulting a lawyer first.
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Fatbrit said:
You're more than likely H1b. Unless you're teaching at the tertiary level, the allocation's out for this year. Starts again next April to start work Oct 2010 earliest.

At the secondary or primary level, state schools are laying off teachers because of budget cuts. Private/charter schools you may get lucky, but it'll be slim pickings. A few years back, school districts in the less salubrious areas would actively recruit foreign teachers. Not heard of any doing so for a good while, though.
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Darn, it's not looking good is it. What is H1b?
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Fatbrit
texaslimey said:
Darn, it's not looking good is it. What is H1b?
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H-1B visa - Wikipedia, the free encyclopedia
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texaslimey said:
I used to live in America but moved back to the UK. When I moved back to the UK I didn't fill any paperwork for leaving the USA. I still have my social security number and green card. I know that officially my green card should be void, although it's an older one with no expiry date on it. I wonder what would happen if I simply flew back to the USA, started working again and filed taxes. I've got a bank account over in the USA still, and an address. Or what would happen if I filed a 1040a with NO EARNINGS. I can't send the IRS any P45s because I haven't been there to work. Would I simply fall back into the system nice and easily? I'm wondering this because I really want to go back to USA and work as a teacher. If I've not filled any paperwork to leave USA, do they know I've gone? How would they know if I simply just come back into the country again, start working, file taxes. Any comments? Do you know of anyone who has done this successfully?
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If you try to just get in with the old green card they will arrest you for attempted illegal immigration and then deport and permanently bar you. If you did get in and claimed you were always in the US as a US resident they will arrest and jail you for 18 years of tax evasion. If you don’t file US taxes for two years you loose the green card anyway.:(
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happy bunny said:
If you try to just get in with the old green card they will arrest you for attempted illegal immigration and then deport and permanently bar you. If you did get in and claimed you were always in the US as a US resident they will arrest and jail you for 18 years of tax evasion. If you don’t file US taxes for two years you loose the green card anyway.:(
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More nonsense using an old green card is not illegal.. in fact you are still a LPR until a judge says your not
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Davis1 said:
More nonsense using an old green card is not illegal.. in fact you are still a LPR until a judge says your not
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I didn't say that using the old green card was illegal and yes the judge can decide but so of course can the individual. What I said was that trying to enter the USA with a green card that had become invalid due to a number of reason not least the two year lack of tax filings would count as attempted illegal immigration. I know people that happened to. :)
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Fatbrit
happy bunny said:
If you try to just get in with the old green card they will arrest you for attempted illegal immigration and then deport and permanently bar you. If you did get in and claimed you were always in the US as a US resident they will arrest and jail you for 18 years of tax evasion. If you don’t file US taxes for two years you loose the green card anyway.:(
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Nonsense.

If you claim to be a permanent resident at the border and CBP believe that you have relinquished that status, they cannot remove your claimed status. Most likely they will parole you in (they have the option of detaining you....but this is very unusual) for a hearing in front of an immigration judge.

The immigration court has many powers if you are under its jurisdiction. Sure, they could deport you. But your statement that they will is erroneous.

Perjury is a serious offence. But I'm unsure why you believe it has a fixed 18-year sentence. And perjury is a very different offence from tax evasion.

You may indeed loose your permanent resident status if you don't file your taxes for two years. But there is no rule or law to say that you will. There are also many other ways in which you can relinquish or have that status removed.

A very confusing post indeed.
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