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After applying for GC in EB1 I travelled to India. Now, have recieved the I-485 but the GC got lost. Can I apply I-90 from here?

Lansdale, PA |

Applied for GC in Sept 2012. Had to return to India on Sep 28. Changed address in USCIS on Nov 14. However, GC was dispatched by Nov 4. Recieved I-485 on USPS redirected address however GC got lost. It shows delivered on USCIS to my old address, yet, the person residing in that address doesnt have the relevant mail. Can I apply for an I-90 (duplicate GC) from India with application fee of 400 US? or should I get my GC abandoned and go for non-immigrant visa like L or H ?

I am not sure if the bio-metrics can be done at Delhi USCIS ..

Also I did not receive an I-140 and AP when I came to India. Can I apply for an AP again from here ? If yes, how ? Basically, I need to travel to US and want to know what are the means available to me.

Attorney Answers 3


  1. When one travels abroad without an advance parole during the pendency of adjustment of status application, one abandons that application One now needs to seek out professional help to get out of this predicament.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. You have really complicated your life, and I agree with my colleague that you will need to hire an attorney to sort it out. A lot will depend on how quickly you need to get back to U.S. and whether you have a current or prospective employer ready to file for an L- or H-. There are 3 attorneys with whom I share office space who do almost exclusively EB1's, L's, and H's. Each has 10+ years of experience. I can put you in contact with them if you wish.

    Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.


  3. No, you cannot. Your trip to India without advance parole, legally terminated the I-485, and the green card was therefore issued in error.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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