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?

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1 Lawyer Answer
Namita Agarwal
Namita Agarwal
  • 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

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