Green Card No Longer Valid - Reapplying for I-130

[yairzick 0]

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!

[Hypnos 6,577]

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

Edited May 29, 2019 by Hypnos

[Penguin_ie 5,994]

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

[WeGuyGal 1,052]

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. 

[yairzick 0]

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.

[WeGuyGal 1,052]

2.5 years, don't bother with POE then. 

 

Step1) i407

Step2) Petition for IR1, starting with the i130

[SusieQQQ 11,587]

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.