Surrender of green card and getting it again..

Asked almost 5 years ago - Indio, CA

my wife is a US citizen and after getting married to me she shifted with me to India and had a child in India who is also a US citizen. meanwhile i also got the green card valid till 2014 and i made 1st trip and got I-131 permit and than made a trip before its expiry and again applied and got I-131 permit valid till dec, 29,09, but made a trip in June,09 and came back. My question is if i surrender my green card now, can i again get the green card since iam the spouse of a US citizen if we plan to move after about 4 years or the US govt will deny as i surrendered my Green card once. and also at the time of surrender can i also apply for a tourist visa and will i get it ?

Attorney answers (1)

  1. Thuong-Tri Nguyen

    Contributor Level 20

    Answered . Surrendering your current green card would not be a basis to deny a future immigrant visa petition for you if you are otherwise eligible for an immigrant visa. However, getting an approval is a long process and there is no guarantee of success. You likely should look into keeping your current green card.

    An applicant for a tourist visa is not supposed to have an intent to come and live in the US permanently. Persons with US spouses and children likely cannot prove to the US consular officers that the persons do not have the intent to come and live in the US permanently. In fact, your post shows that you do have the intent to come and live in the US.

    You can review your specific facts with your attorney to see what your legal options are.

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