Q: I am a green card holder. Will green card ban affect my husband who plans to leave US?
I am a green card holder and my husband was physically in US with F1 OPT on April 22. If he leaves US now, will he be affected by Trump’s proclamation if I apply for marriage-based green card for him (which will go through consular process)?
A: There are a number of issues in your factual scenario that you should discuss with an experienced immigration attorney BEFORE he leaves the country.
A:
There are significant delays with visa petition and consular processing. There are also additional restriction which are best dealt with on U. S. soil where adjustment of status is still possible for him. If you depart too long to be with him, you can abandon your lawful permanent resident status. That means that you can no longer petition him, let alone, lawfully be admitted, yourself!
As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any more complication.
The above is general information, not legal advice, and does not create an attorney client relationship.
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.
