GC sent to old address - out of country

gcuser09

New Member
This is an unusual scenario. My brother-in-law's Green Card was being processed in EB-2, but they had to move to India in Dec 2007 for personal reasons.

They had finished all stages of the processing before they moved - finger-printing was done, they received their EADs, etc. Only the approval was pending.

They just found that their GC was approved in Sept 2nd week of 2009 and sent to their old address in USA. They are currently living in India. What is the best way to proceed in order to get the Green Card now, without it getting abandoned?

Any advice on this would be great. Thank you.
 
I assume somebody else is now living it the old address? Which means either that person has the GC, or the post office returned it to USCIS.

If he did not have an H or L visa, leaving the US for such a long time would make USCIS consider the AOS to be abandoned, which means it may be impossible to get the card back from USCIS.
 
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My brother-in-law has been out of the country since Dec 2007. When he left he was on H1 status. But that has expired now. So if he needs to come back to the US for finger-printing, he doesn't have a valid status. He may have to get a travel visa or something like that, if at all possible.

They have called USCIS and USCIS has not received the card back. USCIS asked him to apply I90, but have not mentioned if he would have to come back for finger-printing. Does anyone know the answer to this? Would he need to give finger-prints again?

In the meanwhile, they have called the apartment office, but they don't have it. They are planning to check with the post office or the people living in the apartment itself.
 
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