Can I use the I-407 section of the I-90 to reinstate my surrendered greencard?

[Tulip1310 3]

I went back to India 20 years ago due to heavy family responsibilities due to family illness. I had all intents of returning but when I overstayed my re-entry permit the officer told me to surrender. I now know I had the option of filing SB-1 visa. 

 

I returned to the US on H1B with my two children in 2012 and have lived here since. My taxes are filed, my kids graduated here, i have property here, bank accounts, you name it. 

Can I reinstate my greencard via I-90 and explain my situation in it?

[Boiler 45,486]

Something you need to discuss with your Immigration Lawyer, hardly DIY.

[Tulip1310 3]

I have spoken to lawyers who have given me mixed signals. I am on this forum because I want some discussion around this. If a surrendered greencard cannot be revoked, I am confused why there is a section in the I-90 for people who have filed I-407 and to explain yourself. What does everyone think?

[Boiler 45,486]

Like you say there is an option to apply and explain yourself, I assume in your situation there would be more than one box to tick and explain.

 

Obviously there is some latitude otherwise there would not be an option.

[TBoneTX 45,287]

Thread is moved from the Site Discussion forum to General Immigration Discussion.

[aaron2020 11,651]

On the I-90, it asks if the applicant has ever file an I-407 or abandoned your status.   That is all.  For people who have either filed an I-407 or abandoned their status, they are no longer allowed to get a replacement green card.

 

No where does it say that you can get a replacement green card and have your status reinstated if you have filed an I-407.

You can not get your LPR status reinstated.  You have to have a new path to LPR status.  

 

 

[Tulip1310 3]

But there is a section to "explain in detail" if you ever filed I-407...

[Boiler 45,486]

And have worked etc.

[aaron2020 11,651]

20 minutes ago, Tulip1310 said:

But there is a section to "explain in detail" if you ever filed I-407...

And once you explain it, you will not be entitled to a replacement green card and lose your I-90 fee.  

 

Where does it say you can get your LPR status reinstated with an I-90?

[arken 4,197]

Remember that i90 is for renewal or replacement only not for reinstatement of GCs.
 

The question mentioned regarding i407 or abandonment or any removal proceedings are for informative purpose only. Let's say a GC holder was put under removal proceedings or filed i407 for some reason or found to have abandoned the GC status but restored/kept his permanent residency status after fighting through immigration courts. He/she would provide that info in those sections when renewing or replacing their GC.

Edited October 8, 2021 by arken

[Boiler 45,486]

I was thinking of a child whose parent filed one, but never seen a successful one so guessing.

[Tulip1310 3]

Boiler, I’m a little confuse what you’re talking about. Are you saying you have seen people do exactlt what I am and that they have always been denied?

Edited October 8, 2021 by Tulip1310

[nastra30 2,284]

12 minutes ago, Tulip1310 said:

Boiler, I’m a little confuse what you’re talking about. Are you saying you have seen people do exactlt what I am and that they have always been denied?

No, he is saying he's seen someone who did what you are trying to do but he has no evidence whether it got approved or denied.

Nonetheless, I-90 is used for renewal or replacement, and not for reinstatements; so I think it will be a $540 mistake to use it for reinstatement. Unless you are feeling generous to give USCIS some free money.

[HRQX 4,145]

7 hours ago, Tulip1310 said:

Can I reinstate my greencard via I-90 and explain my situation in it?

No

6 hours ago, Boiler said:

Obviously there is some latitude otherwise there would not be an option.

There isn't latitude for willingly signing Form I-407, or being ordered removed from the US, etc. Form I-90, like any USCIS form, has certain question(s) where an affirmative answer could result in the form's denial.

 

https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf "Use of Form I-407 also ensures that an individual abandoning his or her LPR status is informed of the right to a hearing before an immigration judge and that the individual has knowingly, willingly, and affirmatively waived that right."

Edited October 8, 2021 by HRQX

[Boiler 45,486]

1 hour ago, HRQX said:

No

There isn't latitude for willingly signing Form I-407, or being ordered removed from the US, etc. Form I-90, like any USCIS form, has certain question(s) where an affirmative answer could result in the form's denial.

 

https://www.uscis.gov/sites/default/files/document/forms/i-407instr.pdf "Use of Form I-407 also ensures that an individual abandoning his or her LPR status is informed of the right to a hearing before an immigration judge and that the individual has knowingly, willingly, and affirmatively waived that right."

Wonder how it was signed for a child.