QUESTION

Green card after submitting i-407

Asked on Nov 29th, 2013 on Immigration - Virginia
More details to this question:
My wife surrendered her green card using form I-407 at a foreign consulate 5 weeks ago. Her family is angry with her and now she is having second thoughts and wants to change her decision and get the green card back. She is blaming me for her decision. And saying that I forced her while she was interviewed herself and signed and submitted I-407 and her green card to consular officer. I don't mind her getting the green card back. In fact I want to help her get it back. What options I and her have?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It is doubtful that the U. S. consulate where your wife surrendered her green card will allow her to take it back as a form of buyer’s remorse, but she can try. If not, the form I-407 has a part which states that a person who surrenders the card can have a hearing at any time hereafter before an immigration judge to determine admissibility by presenting himself or herself at a port of entry to the U. S. and seeking entry. At that time, the immigration judge can and will take into account all statements made concerning a person’s abandonment of residence. In your wife’s case, she may have the additional problem of boarding transportation back to the U. S. and may have to ask the U. S. consulate or DHS office (if there is one in the country) for papers allowing her to board the transportation.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Dec 22nd, 2013 at 9:57 PM

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