Re-Filing Greencard for Mother after Abandonment

[new2site 0]

Hello,

Hope someone can help answer my questions. My mother overstayed (>1 year) in home country last year due to Covid lock down and fear. She applied for SB1 visa after the consulate office resumed the interview/services, however they denied the SB1 visa for not being convinced some reasons. She is still within the 2 years period since she last left the country and greencard has not expired yet. I read some forums posts that some people suggested that I have two options:

1. Try to fly to the US and convince the CBP and deal with it after entering US or see the judge

2. I (USC) can reapply for I130 again to start new GC process.

 

As per my understanding Option 1 works for some people and they were able to enter the US, but they may have to deal with the hassle to fight against the removal proceedings perhaps. Also, in some cases immigration lawyer is also needed that would be costly too. Do you think option1 still worth a try even after SB1 was denied?

Option2 seems to be safe/easy even though time consuming. If we go with Option2, is it required for her to first file I-407 to officially give up the green card or this is not required? 

 

Any suggestions or feedback would be greatly appreciated.

 

Thanks,

[Boiler 45,651]

Does she still have her GC, sort of assumed they kept it.

[new2site 0]

11 minutes ago, Boiler said:

Does she still have her GC, sort of assumed they kept it.

Hi ,

Yes , she still has her greencard and her passport does not have any stamp of SB1 visa denial. 

[Chancy 6,241]

55 minutes ago, new2site said:

Yes , she still has her greencard and her passport does not have any stamp of SB1 visa denial. 

 

From personal experience, I know that CBP has access to immigration records filed at the embassy/consulate.  If your mother tries option 1, it's likely that CBP will know about the SB1 visa denial and refer her to an immigration judge.

 

[new2site 0]

9 hours ago, Chancy said:

 

From personal experience, I know that CBP has access to immigration records filed at the embassy/consulate.  If your mother tries option 1, it's likely that CBP will know about the SB1 visa denial and refer her to an immigration judge.

 

I understand that is very possible , thats why I dont want to try option1.

If we try option2, does she have to fill I407 form first? 

[new2site 0]

Can anyone please share any thoughts on this ?

Option2 seems to be safe/easy even though time consuming. If we go with Option2, is it required for her to first file I-407 to officially give up the green card or this is not required?

[Boiler 45,651]

If she has yet to do so she certainly will need to do so, not a great rush.

[new2site 0]

22 minutes ago, Boiler said:

If she has yet to do so she certainly will need to do so, not a great rush.

Thanks for your reply. So , it is better to file I407 before filing a new I130 right?

[Boiler 45,651]

I have seen people who had to do it at the interview, assume it does not matter now.

[new2site 0]

6 hours ago, Boiler said:

I have seen people who had to do it at the interview, assume it does not matter now.

Hi , Thank you again. I think for her , it will be outside the 2 years period (outside the US) by the time when she gets an interview appointment and GC would not be valid? my main concern is now while GC is still within 2 years period (outside the country),  will there be an issue filing I130 or will that create any conflict on USCIS system  since she technically still has her GC right now.

 

 

[Boiler 45,651]

Has not caused issues with other people but that is her call.

 

The issue you have is her abandoning her status, GC not effectively valid, as opposed to officially relinquished.