Jackson, MS asked in Immigration Law for Mississippi

Q: Return greencard if given before completion of waiver?

I'm 1 year short of completing a 5 year National interest waiver. Had already 3 from J1 waiver. USCIS gave me a green card before 5 years. My lawyer wants to return the green card and have them give it back until I complete 5 years. Have you heard of a similar experience, and should I return it?

He says it could affect my path to citizenship in the future.

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1 Lawyer Answer
Kelli Y. Allen
Kelli Y. Allen
  • Immigration Law Lawyer
  • Charlotte, NC

A: I have not heard of such a situation and do not have enough information for an analysis. It sounds like your attorney is saying that USCIS granted your permanent residence in error. If that is the case, I agree that the prudent thing is to return the green card and alert USCIS of the error. Otherwise, you could be left in limbo wondering whether USCIS was going to discover the error and afraid to apply for naturalization.

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