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I have GC issued in 2010. I returned india in 2011 with reentry permit then reached US in 2013 but again returned within a month. Now I can't go US due to my family constraint and GC lapses right now. Now I have plan that my son will be citizen and file for me in 2016 thereafter I will get GC again. so My question is whether I have to surrender my GC now or shall be retained and it can be reinstated.
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If you let your Green Card lapse by not being in the U.S. for more than a year without a Reentry Permit, the most likely scenario is for your son to re-petition you when he becomes a U.S. citizen.
But since you say you were in the U.S. in 2013, perhaps you can return to keep your Green Card from lapsing.
--Ray B
Originally posted by vcdarji View Post -
can my GC be reinstated if my citizen son file for
GC already lapsed. My question is "whether I have to surrender my GC or it can be retained so can be reinstated when my son will file petition in 2016Comment
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1. You said you were in the U.S. in 2013. If you departed the U.S. less than a year ago, what reason do you have for believing that the Green Card has lapsed
2. If petitioned by son in 2016, an expired Green Card will not be reinstated, all a new Permanent Resident process will be started from scratch.
--Ray B
Originally posted by vcdarji View PostComment
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can my GC be reinstated if my citizen son file for
Thanks a lot for very quick reply.
I am away from US for more than a year so GC lapsed.
But I got answer and I will surrender my GC as it can not be reinstated in lieu of my petition filed.
Am I right?
Thanks again.Comment
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It's probably a good idea to go record with USCIS as having relinquished your Green Card.
--Ray B
Originally posted by vcdarji View PostComment
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