Should I apply for I-90 to receive Green card after coming to USA under SB-1 Returning Resident Visa ?

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I was Green card holder but due to some reasons I had to be out of USA for about 10 years. Recently, I applied for SB-1 visa which was approved. After getting my SB1 visa i landed in Dallas on 02/28/2015. My old green card carrying my different A number as USCIS issued me a new A number now in my SB1 Visa.I am confused now because customer service representative asked me on telephone to file I-90 for the replacement of new card. I have my old GC with my old "A" number but it is expired now. Now USCIS issued me new "A" number with SB1 visa. My question are : 1. why should i file I-90 bcz this form is for the replacement permanent resident card, i got my new A number and my old green card has been invalid for me . 2. If i file I-90 what should i select the reason for getting new GC in I-90

Attorney Answers

3
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
Well. The consulate should have explained it to you when they issued a visa. First, SB1 is a returning immigrant visa. SInce you are returning to resume your LPR status you do not need to pay the $165 processing fee, all other immigrants are required to pay to subsidies the processing of their case in the USA and issuance of the card. USCIS for the most part, is fee funded agency. Since they are the ones processing the LPR status from the immigrant visa admission, finding is needed. But not for you. You are exempt. Second, since you are resuming your status, you will not get a new green card by mail. You are expected to resume use of your current one. As I explained to you in the previous post of yours, which explanation you seem to have ignored, if you do not have your LPR card - was taken by the consulate and never returned or you lost it or damaged or whatever the case might be - you need to file I 90. In there, you need to indicate the reason for the form AS EXPLAINED IN THE INSTRUCTIONS YOU NEED TO READ and regardless of the new A number and the fact you returned on SB1. Now, the A number. You are expected to resume use of your "old" A number and should be using it at all times. The new A number you must indicate on all forms and if the form does not have the space for it, in the cover letter. Why was the new A number issued? To memorialize the fact you have been granted the Returning Resident Status. If you have more detailed questions on the issue, please consult an immigration lawyer as posting and reposting the same question takes up time of those who volunteer this time for free.
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Adan Vega ·
You have been presented with sage remarks and you have been given excellent guidance by my astute and esteemed colleague from New York. The good news is that you still a resident.
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Morrie Nourian ·
since your old card is expired you will need to file for a replacement of that card by using that A number. on I-90 form you mark the expired card reason for your request.
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