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yairzick

Green Card No Longer Valid - Reapplying for I-130

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Hello all

 

My spouse has a valid green card but has stayed longer than 1 year outside the US. The embassy has told us that we cannot apply for a returning resident status (SB-1), as ours is not a life/death issue. My question is: we need to resubmit an I-130; do we need to abandon the green card prior to submitting the application?

 

Thanks!

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Posted (edited)

Probably not, but you should formally abandon it using an I-407 as soon as possible.

Edited by Hypnos

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AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
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143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

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*****  Moving from CR-1, a spousal visa, to Bringing Family os US Citizens forum as Op is asking about parents ******


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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How long is longer than 1 year? 

 

Either file i407 to formally cede the green card, then re-petition again IF the intent is to permanently reside in the US. Or try traveling on the current green card, if allowed to board the flight, apply for US admission at POE. 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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2.5 years, don't bother with POE then. 

 

Step1) i407

Step2) Petition for IR1, starting with the i130


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

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6 minutes ago, yairzick said:

Visa is for my spouse, not parents, as noted in the post. 

 

If we get denied at the port of entry this could be a very expensive and painful. 

 

We had stayed outside the US for 2.5 years.

I’d say if you weren’t even allowed to apply for SB1 chances of being refused at entry are very high/conversely,  chances of successfully arguing the case in front of an immigration judge very low.

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