Asked in Immigration Law for California

Q: Do I need to fill out Form I-407? If I do, can I reapply for Green Card

I am an NZ citizen. I have been married to a US citizen for 6 years. We lived in the USA together for 5 of those years but moved to NZ in 2021 due to a career opportunity for my husband. We are beginning to make plans to permanently move back to the USA, now that we have had a baby. I believe we will be ready to move in early 2023. Because we have lived outside of the USA for my husband's job, will my Green Card be void? Will I be allowed to move back to the USA? If I file Form I-407, will I be able to reapply for a new Green Card?

Related Topics:
1 Lawyer Answer
Namita Agarwal
Namita Agarwal
Answered
  • Immigration Law Lawyer
  • Andover, MA

A: You may need to apply for a returning resident visa rather than reapplying for residency altogether depending on the length of time you were outside of the US and the basis for the departure. Best to consult with an attorney for guidance.

Agnes Jury agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.