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?
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 firstname.lastname@example.org, or call my office at (208) 391 2020 to schedule a phone consultation. The first consultation is totally free.
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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.
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