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Reapplying for GC after i407

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  • Reapplying for GC after i407

    Good day,

    in 2015 i took up a job offer for the government of my home country and signed form i-407 to voluntarily abandon green card. I want to re-apply for my GC, but the only way i can do this is through my father who is a green card holder. The only problem is that my father has never actually worked in the USA since he got his green card - no US tax returns.

    I have a valid tourist visa, and want to apply for adjustment of status. Can my uncle file my Affidavit of support?

  • #2
    Note that an unmarried over-21 child of a permanent resident is in the F2B category, which has a wait for visa numbers of around 7 years. That means you must wait that many years after he files the petition before you can do either Adjustment of Status (if you are in status in the US at that time) or Consular Processing (otherwise). You are highly unlikely to do Adjustment of Status because you are unlikely to be in the US and in status in 7 years. Also, you are not supposed to enter the US on a visitor visa with intent to adjust during that trip.

    Your father doesn't need to be working, but if his household income isn't enough for the Affidavit of Support, then you need to find a joint sponsor whose household income is enough, who will need to fill out a second Affidavit of Support.

    This is my personal opinion and is not to be construed as legal advice.

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