GC out of status..Help!!!

[Jamil]

Hi All:

My wife has a GC since 97 but now she is out of status. We are planning to move back to the US but need some advise as follows:

1. Should she refile for GC (I-130) or can she request for status adjustment.
2. We do not have good enough reason for staying away except for my job.

I hear that they do not reissue GC.
What options does she have.

 

[amishah]

Hi All:

My wife has a GC since 97 but now she is out of status. We are planning to move back to the US but need some advise as follows:

1. Should she refile for GC (I-130) or can she request for status adjustment.
2. We do not have good enough reason for staying away except for my job.

I hear that they do not reissue GC.
What options does she have.

If she is living out of US for more than 11 months without a re-entry permit, her GC is gone. She will have to start the process all over again. She can not file I130 by herself. She needs to have somebody ( a close relative) to file a petition for her. If you are a USC, you can file I130 for her.

 

[cherr1980]

She cannot file for herself a Petition for an Alien Relative and she cannot file for adjustment of status oustide the US and without a Petition for an alien relative.

Are you a USC?

There are some exceptions to that rule, but you would like to go to the nearest Consulare and make a question over there about it.

Good luck,

 

[Jamil]

GC out of Status.......

She cannot file for herself a Petition for an Alien Relative and she cannot file for adjustment of status oustide the US and without a Petition for an alien relative.

Are you a USC?

There are some exceptions to that rule, but you would like to go to the nearest Consulare and make a question over there about it.

Good luck,

I am a USC but have been told that the department might refuse her petition on grounds that she did not availed the fist opportunity.

 

[cherr1980]

That is true. But you can try to file for her again to see what happens.

Good luck,