My SB-1, Returning Resident Visa is about to expire, should I file I-90 before it expires? or is it ok to file after it expires?
Before I received SB1 I had conditional green card, but then left USA for almost 2 years.
If you are in the U.S., you should file an I-90. If you are not in the U.S. and the visa expires you will not be able to be admitted.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
If you are in the U.S., you are likely a "resident" already. You simply need to file an I-90 to obtain your green card. You can do this before or after the expiration of the SB-1 visa (which is now moot.)
If you are not in the U.S., you will need to contact the local US consulate to discuss another SB-1 visa. They are not often given out, though, so if you are not in the U.S. you might consider entering soon.
Board Certified Specialist in U.S. Immigration Law and Former U.S. State Department Embassy Officer. Our Firm is devoted only to the practice of U.S. Immigration Law. The answers you read on Avvo are of a general nature, and should not be relied upon solely as a basis for legal decisions.
Since you are already in the US, you'll need to discuss your options with an experienced immigration lawyer during a private consultation to that effect.
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