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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Conditional Green Card Expired; Can I Apply IR-1 Again

    Hi folks

    My 2 yrs conditional GC expired sometime ago. During those two years I stayed outside USA most of the time and it expired while I was overseas.

    We are now considering applying for my immigration again in few months time and I am hoping that by the time it is approved my current contract would be over so that I'd be able to move to USA along with my wife.

    Someone told me that there could be complications as I had not filed I-407 to surrender my conditional GC. My question is, are there any complication that I may run into when filing I-130 again and going to subsequent process of obtaining IR-1?

    Best Regards

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Conditional Green Card Expired; Can I Apply IR-1 Again

    If you've been outside of the U.S. for two years and you've allowed your Green Card to expire, you can expect that the USCIS will regard you as a non-resident.

    Thus, to reenter, you will have to qualify for a valid visa; IR-1 seems appropriate.

    If you want to formally abandon your permanent residency before restarting the process, You may file Form I-407, Abandonment of Lawful Permanent Resident Status, at a U.S. consulate or embassy.

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