La Quinta, CA asked in Immigration Law for California

Q: Hi there, my case was just denied Form I-140, after an RFE on my EB1 visa. Can I go home to my own country now?

I have been waiting in the USA due to not being able to leave after getting an RFE, but now that I see my case was denied yesterday on the https://egov.uscis.gov website, does that mean I can just go home? Or do I have to wait for their official letter?

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: It is best to understand the consequences of the decision. You may never qualify for a non-immigrant visitor visa, or other non-immigration visa, if you’ve demonstrated immigration intent. There may be other concerns that such a departure can trigger.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before you depart, so that there are no other complications.

Stephen Arnold Black agrees with this answer

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