Q: I got rejected from my Green Card application because I left the country and came back. Is it possible to reapply?
Hello! Thank you for taking my question. I was in the process of applying for my Green Card on an I-485 visa and I left the country because I had a travel visa that did not expire. I thought that it would've been okay to do because I had a travel visa but unfortunately, my application still got rejected. Is it possible to reapply and start over?
A:
Yes, it's likely that you will be able to apply again. Unfortunately, if you leave the United States while the I-485 is in process, and you don't have advance parole, then USCIS treats your application like you are no longer interested in the green card, and you have to start over. But, the good news is that if you qualified for the green card before, that probably hasn't changed. If you came back to the United States legally, then you can try again with a new I-485. (Also, if you applied with an I-130 or an I-140 petition, it's very possible that the petition wasn't affected and is still approved.)
If you want to talk more about the situation, and how me and my office can help, feel free to email me at jj@wilneroreilly.com, or call my office at (208) 391 2020 to schedule a phone consultation. The first consultation is totally free.
1 user found this answer helpful
A: An attorney will need more information to answer your question. But generally someone who is married to a US Citizen and has entered the country with inspection, without fraud, on a valid visa can apply at any time. Make sure to at least have a consutlation with an experienced immigration attorney, though, before you make a move. You don't want something like that to happen again.
A: Once you have a pending 485 application and you depart the USA, without an approved advance parole document, USCIS treats your 485 as abandoned. All those filing fees are lost. The good news is that you can reapply depending on your unique circumstances. Counsel anywhere in the USA can represent you and some of us charge a very affordable flat fee for representation from start to finish.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
