I know a person who surrendered her green card (by submitting a form called 407?) because she found a job she really wanted in her home country but the job required her clear intent to primarily reside in her home country. Well, the job situation unfortunately did not work out as she hoped and now she wants to come back and live in the U.S. again. She figured out she will have to go through the entire green card process again including the family petition, etc, but how soon can she start the process? It hasn't been a year since she gave up her green card, and she is concerned they might deny her new green card application because she surrendered one not too long ago. Any opinion or insight will be greatly appreciated!
Can start now - there is no time limit whatsoever.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 24 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
the same day if that is hat the person can (eligible for ) and wants to do.
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She can start the 'entire process' all over again at any time.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
There is no limitation on timing in this situation. The petitioner should file the immigrant petition, if willing, as soon as possible because of lengthy processing times. Also, your friend should consult with an experienced immigration lawyer to discuss processing options, filing procedures and timing. Good luck to them!
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