SB1 application applicable for green card renewal?


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Hi, my mother is a permanent resident of the US, which she had got 10 years ago through a petition for alien relative (I-130). In late 2019/early 2020 she was in India, and after the pandemic started she was not able to return to the US since she is a high risk category and did not feel comfortable taking an international flight. She applied for and was granted an SB1 visa to return to the US. Incidentally, her green card was also expiring at the same time. When her SB1 was issued, she was given a sealed envelope to be opened only by the immigration officer at the port of entry in the US. When she gave her sealed envelope, he granted her permission to enter the country and said that she will get her renewed green card in a few months.

We have not filed a new I-90 or I-130 or any other form to request renewal of the green card. Does the SB1 application suffice to initiate a request for a green card renewal? Can she leave the country on her SB1 visa and reenter in the future until she waits for her renewed green card?

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On 8/5/2022 at 11:53 AM, waitingforgc9 said:

We have not filed a new I-90 or I-130 or any other form to request renewal of the green card. Does the SB1 application suffice to initiate a request for a green card renewal?

I am not sure, but I think they will automatically produce a new card for her.

On 8/5/2022 at 11:53 AM, waitingforgc9 said:

Can she leave the country on her SB1 visa and reenter in the future until she waits for her renewed green card?

Yes. The SB1 visa is an immigrant visa, and has text on it saying "upon endorsement serves as temporary I-551 evidencing permanent residence for 1 year". This means that, when she used the SB1 visa to enter, that SB1 visa automatically turned into an I-551 (equivalent to a green card, which is also an I-551), valid until 1 year after her date of entry. That I-551 that the SB1 visa turned into can be used as proof of permanent residency for all purposes, including entry to the US, work in the US, etc.

 

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