Mention previous greencard in current petition

[goobies 79]

Hello again everyone 

 

Thanks for all the stellar support from this community.

 

You can check my last few posts if further details are needed, but my husband recently lost his permanent residency status, so we are restarting the IR1 process.

 

Would it be ok to talk about our previous immigration journey in our support letters? A lawyer told me that when a case is closed out, they won't hold it against you for a new benefit application. 

 

I think talking about life when my husband was last here is an important part of our case, but I don't want to raise questions where they may not have been risen if I don't talk about it.

[powerpuff 6,685]

If your husband in Uganda or in the US?

[Verrou 1,962]

24 minutes ago, powerpuff said:

If your husband in Uganda or in the US?

probably uganda reading the older post after i-751 got denied

[goobies 79]

He is still in Uganda.

[Dashinka 24,481]

So you exhausted the other suggestions from your other threads?  Assuming so, yes, you can certainly mention your previous experience as USCIS and the Consulate will know about the previous LPR status anyway.

 

Also, did your husband formerly relinquish his LPR status via an I407 form?  Others may know better, but if he currently shows he is still an LPR, it may muck up the new application.

 

 

[carmel34 3,620]

23 hours ago, goobies said:

Would it be ok to talk about our previous immigration journey in our support letters? A lawyer told me that when a case is closed out, they won't hold it against you for a new benefit application. 

 

I think talking about life when my husband was last here is an important part of our case, but I don't want to raise questions where they may not have been risen if I don't talk about it.

If you file an I-130 petition for your spouse, you will include information about the previous petition on the I-130, part 5, so you don't need to include the details in "support letters".  USCIS will pull the file anyway and review all the documents connected with the previous immigration process.  Based on your previous posts, I strongly recommend that you hire a competent US immigration attorney, with experience in complicated cases like yours.  The lawyer you consulted does not seem to understand that your spouse's active LPR status, although abandoned, could delay your case.  Find a better lawyer.  You should start by filing an I-407, to officially "close out" the previous case:

 

https://www.uscis.gov/sites/default/files/document/forms/i-407.pdf

[Family 3,988]

On 6/2/2023 at 6:30 AM, goobies said:

Would it be ok to talk about our previous immigration journey in our support letters? A lawyer told me that when a case is closed out, they won't hold it against you for a new benefit application. 

Don’t delay filing new I-130  for any reason . You should write a short description in the last page of I-130  and INCLUDE copy of I-751 denial letter.

 

Example “ Beneficiary was granted CR on xx , status was terminated on yy He was unable to attend biometrics due to Covid-19’s travel restrictions and was refused boarding. “ 

 

You will get past USCIS stage without any issues. Try filing online for faster processing and once filed review Expedite criteria and keep trying . 
 

No need to wait out I-407 , even if not done consulate will have him do one at new interview. ..should they want it.
 

 

[powerpuff 6,685]

~~ Topic moved from Progress Reports to Process & Procedures ~~

[LucindaLou 43]

Quote

Also, did your husband formerly relinquish his LPR status via an I407 form?  Others may know better, but if he currently shows he is still an LPR, it may muck up the new application.

According to the embassy in Frankfurt as well as the lawyer we are using, the I 407 must be filed before being able to apply for a new Visa. 

Edited June 4, 2023 by LucindaLou

[Dashinka 24,481]

5 hours ago, LucindaLou said:

According to the embassy in Frankfurt as well as the lawyer we are using, the I 407 must be filed before being able to apply for a new Visa. 

That would seem to make sense.

 

[goobies 79]

He received an official decision letter that ordered us to mail in his green card, which we did. 

 

Now, do we still need to do the I-407? Our lawyer said that it wasn't necessary.

[pushbrk 12,870]

3 hours ago, goobies said:

He received an official decision letter that ordered us to mail in his green card, which we did. 

 

Now, do we still need to do the I-407? Our lawyer said that it wasn't necessary.

Not necessary in your case.  As already mentioned, the I-130 asks about previous petitions.