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need help with gc expired,living abroad,entered usa on vwp, remmaried to a us citizen

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  • need help with gc expired,living abroad,entered usa on vwp, remmaried to a us citizen

    hi i am new here, and i got some questions about immigration.
    i had a green card and it expired in 2002.
    i lived in germany and came back to the usa on a vwp in 2012.
    i am married again to a us citizen.
    now do i need to apply for the green card again or is there a chance i could renew it ?
    will i get in trouble if i apply for a green card again thru my husband hence i overstayed my vwp, also i have a son he is also a us citizen ?
    ( havent applied for greencard yet, trying to save up money to pay for the fees, if applicable ).
    will i have to leave the us to await for green card if applicable ?
    i have so many questions and worries.
    can the new immigration reform help my situation ?
    can someone shed some light for me please. any help would be greatly appreciated.
    thanks in advance

  • #2
    You have to reapply. You can't renew.
    You may get in trouble, but not necessarily (USCIS has discretion).
    If you did overstay vwp, then you may be better off staying in U.S. to apply for green card (otherwise, if you leave, you might be barred from reentry).
    New immigration reform is irrelevant to your case.
    If you are very worried, see/call an attorney to explore all aspects. I know this is a self-help forum and all, but sometimes professional help does help. Just make sure you find one who is willing to give you free or cheap consultation.

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    • #3
      ok. when we file for a new I-485, will i have to enter my former gc number in the forms ? will me having a former unknowingly abandoned gc , give us problems with filing a new I-485 or I-130 ?

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