Applying for a New Green Card

[Need_answers]

Hello everyone!

Here is the situation. My mom used to have a green card but it expired 10 years ago. For 14 years she has been living in Portugal and has since never returned to the US. Due to her age and health, I want her to come back so I can take care of her. My question is does she need to file a I-407 before I can file a I-130 and start the whole process again?

[newacct]

According to the Department of State's Foreign Affairs Manual, she does not need to abandon permanent residency before going through consular processing for an immigrant visa in a different category. I am not sure if it applies to the same category.

See 9 FAM 502.1-2(D)(d):

Abandonment of LPR Status: There is no legal restriction preventing a lawful permanent resident (LPR) from obtaining another immigrant visa in a different preference status to confer derivative status on a spouse or child. There is also no requirement that the resident abandon their LPR status.

And 9 FAM 504.10-3(C)(1):

DHS and the Department have agreed that an LPR is entitled to apply for and, if qualified, may be issued an IV in any other visa classification. For example, an immigrant who is admitted as a conditional immigrant may at some future date qualify for a visa in an employment-based category and thus be admitted in a non-conditional status. Do not require the applicant to relinquish their I-551 as a condition for issuance of another IV.

[Need_answers]

According to the Department of State's Foreign Affairs Manual, she does not need to abandon permanent residency before going through consular processing for an immigrant visa in a different category. I am not sure if it applies to the same category.

See 9 FAM 502.1-2(D)(d):

And 9 FAM 504.10-3(C)(1):

Yea...it's going to be same category. I was wondering if she has to return her green card since still has it and then started reading about I-407. I'm going to do some more research.

Thanks for the reply!