Q: Can I leave the country for short time during removal proceedings under these circumstances?
I am green card holder since Jan 2012. I have done my Master's at USC, CA (2011-13) and worked at Intel Corp (2013-15).
Since then I moved to India and have been maintaining my green card by visiting USA every 5 months. After getting married in Mar 2017, I filed for petition I130 for my wife for her green card too because we want to move back to USA immediately. But the petition takes long time to approve and I just couldn't migrate alone without her. Now she is pregnant since Dec 2017 and I obviously can't leave her alone.
But immigration officers stopped me at airport this time in May 2018 (without caring of my circumstances) and forwarded my case to immigration judge under removal proceedings (issued me a NTA). I just cant leave this country now otherwise I will be self deporting myself and I can’t stay here for long too as my baby is due by Aug 2018. I need a workaround where I can fight my case and still able to visit India before delivery of my baby. What should I do?
A: Visiting the US every 5 months does not help you to maintain your lawful permanent resident status. Schedule an appointment with an experienced immigration attorney.
A:
Thank you for your question.
As the previous attorney stated, that travel schedule does not constitute maintaining your residency requirements. With that said, your immediate concern should be your notice to appear, as you are in removal proceedings, along with your wife and your future plans.
Your next steps will have lasting implications. You are correct that if you chose to leave at this stage, you will be removing yourself and will not have legal means to return, per the information you have provided.
I suggest discussing this matter with an immigration attorney. Many immigration attorneys offer free consultations to discuss your case and determine which steps you may take going forward.
A:
You need to decide where you really want to be.
Simply returning to the US every five months isn’t enough to show you are maintaining residence in the US (you didn’t say how long you stayed each time); you were using your green card more as a tourist visa. If you want to stay in the US, find a good lawyer and see if you can convince the immigration judge that you didn’t abandon your status. You will have to resign yourself to not seeing your wife and young child until this is resolved one way or the other.
If you decide you want to be in India, then you can announce your intent to give up your residence and leave the country—or simply leave the country.
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