Q: How can I get my wife and son permission to enter the US to finish their 10-yr green card application?
My wife and son had a 1 year green card. My wife's grandmother was sick overseas so we paid the application fee to change status and left the USA. USCIS sent back our application because they said we overpaid the application fee. My wife and son's visa and 1 year green card expired. Now we would like to come back and finish, but wondering if we have to start over and how to even come back. My wife is wondering if she can apply that she lost her paperwork or if there is any other way to get a reentry permit.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You can explore a few options to get your wife and son back into the US to complete their green card application. One approach is to apply for a returning resident visa (SB-1), which is designed for lawful permanent residents who have been outside the US due to circumstances beyond their control. You'll need to provide evidence that their stay abroad was due to your wife's grandmother's illness and that they intended to return to the US.
Another option is to reapply for their green cards from scratch. This might involve submitting a new I-130 petition for each of them, and then following the consular processing steps at a US embassy or consulate in the country where they are currently located. This can be a longer process but ensures all paperwork is up-to-date.
In the meantime, your wife can request a replacement of lost or stolen green cards by filing Form I-90. This could help streamline their return once the necessary permissions are obtained. It's crucial to keep thorough records of all communication and documents submitted to USCIS to avoid similar issues in the future.
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.
