Immigration Issues/I-407


QUESTION: Thank you for the answer.

Because we won't reside in the US a lot so it's hard to file I-130 together with the residence evidence in the US 90 days before my 2-year green card expires, so we would rather do it in China where we spend most of our time.  

I read:  Execution of Form I-407 does not affect your ability to re-immigrate to the United States.  If that's the case, can I file it now or I have to wait till Jul when my green card is 1 year old?

Is it safe to apply for IR1 immediately? Would the officers look at the I-407 and dertermine my visa?

My husband (US citizen) and I have lots of evidence of being together during the last 2 years we were married, like the rental agreement, utillity bill, taking airplane together, trips together, family photos, etc.

Does IR1 takes the same amount of time as CR1, last time,CR1 takes us 8 monthes.

Thank you

ANSWER: You can do the I-407 now. You can file new I-130 anytime after you execute the I-407. CR and IR cases take about the same amount of time. You will have to list the prior case and A# on the new I-130 and be prepared to answer questions as to why you abandoned green card but want it back so soon. Ultimately, it should be fine.



---------- FOLLOW-UP ----------

QUESTION: Thank you Robert,

Would the answer like: My husband and I have been out of the US for more than 1 year for business reason,so my green card is not valid anymore and we would like to reapply. Or can I say we want to fasten the 10 year green card process?  Thanks

Do not give reason that you want to speed up getting the 10 year card. Being out for business reason is ok though you could have applied for a reentry permit to allow you to stay out fo rmore than a year and the I-751 could be filed with worldwide evidence.



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Robert Hollander<B> Esq.</B>



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