Question about refiling for greencard after entry to US with S1 visa

[Agustin 0]

Hello,

My wife was stuck in the Philippines and during that timeframe her temporary greencard expired. She was able to acquire an S1 visa to return to the US, during the embassy interview her greencard was surrendered to the the US embassy personnel who advised she would need to start the greencard process from scratch upon returning to the US.

 

She currently has the S1 Visa in her passport which states "Upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year." 

 

We are unclear if we should actually start the application process from scratch or simply proceed with the I-751 Removal of Conditions application instead. I have reached out for a consultation to FOUR attorneys and have received two recommendations to start from scratch and two to simply proceed with the Removal of Conditions application. 

 

I'm hoping someone here who has been in the same situation can offer some info on how you proceeded.

 

Thank you in advance.

[carmel34 3,639]

I believe that at CBP when you re-enter the USA with an SB-1 returning resident visa, that they stamp your passport as an LPR for one year, and give you back the expired green card.  Ask at CBP to clarify as the process may have changed.  Calling @Nitas_man

 

 

Edited September 18, 2022 by carmel34

[arken 4,197]

If you are admitted with the SB1 visa, you are admitted as a returning resident that means you are continuing your LPR you had before leaving the US. So file the i751 asap.

[Ontarkie 14,283]

~~Moved to ROC, from AOS Family K1/K3 - as the  OP's wife is at the ROC stage.~~