Someone I know is a Green Card holder who spent a couple of years abroad. Her Green Card expired.

She received a US tourist visa and came to the US on a tourist visa. She was not asked for signing I-407. Can she apply for I-90 (new Green Card) while in the US?

  • 3
    It would most likely be advisable to proceed with care here as the application for and use of the tourist visa will make it difficult for her to argue that she has not abandoned her residence in the US. It would not be a good idea to proceed without consulting an immigration lawyer.
    – phoog
    Mar 17 at 19:10
  • 1
    If she did not apply for a re-entry permit and has been away for years, there residence could have been lost as it is considered abandoned.
    – NelsonGon
    Mar 17 at 20:53
  • 2
    @NelsonGon but there has to be a formal finding of abandonment or voluntary relinquishment, which it seems hasn't yet happened. The question is whether it's possible to avoid it or if it's too late, which will depend on the facts of the friend's absence from and return to the US, which we don't have.
    – phoog
    Mar 17 at 23:58


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