New I-130
Jun 22nd 2021, 4:09 pm
#1
Just Joined
Thread Starter
Joined: Jun 2021
Posts: 15
New I-130
I’ve been out of the USA for 4 years so I know I look like I’ve abandoned my green card. We are wanting to go back so do I need to file an I-407 and then send a new I-130? Or do I just do the I-130?
Jun 22nd 2021, 4:42 pm
#2
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,660
Re: New I-130
The I-407 is just to record your abandonment of the Green card status. There is no filing fee.
Therefore, personally, I don't see it is necessary to file it , but as there is no fee you could do so - OR you just start again with the I-130
Therefore, personally, I don't see it is necessary to file it , but as there is no fee you could do so - OR you just start again with the I-130
Jun 22nd 2021, 7:28 pm
#3
BE Forum Addict
Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
Posts: 4,375
Re: New I-130
I would consult with an immigration attorney in this case.
Jun 22nd 2021, 8:54 pm
#4
Account Closed
Joined: Mar 2004
Posts: 2
Re: New I-130
You may have practically relinquished your GC but no determination has been made to that effect.
You would have to formally relinquish as a LPR can not be issued an immigrant visa.
You would have to formally relinquish as a LPR can not be issued an immigrant visa.
Jun 23rd 2021, 1:42 am
#5
Forum Regular
Joined: Jan 2017
Posts: 246
Re: New I-130
There is no legal restriction preventing a LPR from obtaining another immigrant visa in a different preference status in order to confer derivative status on a spouse or child. There is also no requirement that the alien resident abandon his LPR status.
Jun 23rd 2021, 2:22 am
#6
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,660
Re: New I-130
Considering there is no fee for filing I-407, if one wanted to cover all aspects of this situation, then filing it would be the way to go.
