QUESTION
What should I do about my expired green card when I reapply for I-130?
Asked on Oct 01st, 2013 on Immigration - Washington
More details to this question:
I was a US resident since 1995 but left to Japan for my family matters in 2006 with reentry permiti that was valid to 2009. But could not go back to the US by the time. My green card was expired while I was in Japan. Now I remarried to the US citizen in Japan in 2012 and want to live in the US with him again. I came to the US over VWP in July because I thought my green card got revoked already when my reentry permit was expired. My 90 days of stay in the US is almost over but we want to file I-130. My question is if my green card was already revoked or not. If not..... What do I have to do about it when we reapply for I-130? And do I have to leave this country when my 90days limit is over?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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Probably the safest thing the you can do is to return to Japan and have your husband file the I-1 30 petition for you so you can consular process your case in Japan. At the time of interview, you should also hand over your green card which is no longer valid since you left the country for over the time allowed on the reentry permit. In addition, you entered the country under the visa waiver program as a visitor only. If you attempt to adjust your status to permanent residence, it may be difficult for you to convince U.S.C.I.S. that you did not have the intention to stay at the time of your entry since you were already married to your US citizen husband at that time.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 Oct 20th, 2013 at 12:17 PM