Milpitas, CA asked in Immigration Law for California

Q: Filed derivation 485 of an approved EB2 principal spouse. Can principal spouse ask me to abandon and leave?

Filed 485 a year back as derivative of EB2 principal spouse. Spouse now asking me to leave.

Married 20+ years ago, stayed 5 years together in US on H1, had a US born child, then I left for home country, stayed separately (no legal separation), returned to US after a 10 years on B1 to reunite as family, spouse asked me file derivative 485 to reunite.

I filed, but we still stay separately due to differences. Can my spouse force me to leave by writing to USCIS that we lived and continue to live separately, and by alleging things against me that are better addressed by family counselor/court rather than immigration. Of course we spent time together often in between as family. While relationships are complex, marriage is a fact. I think even if spouse does so, USCIS may deny my 485 or call for joint interview, but can they ban me for any plausible reason?

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1 Lawyer Answer
Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
  • Immigration Law Lawyer
  • Philadelphia, PA

A: If the spouse writes to USCIS and withdraws the application and makes allegations, and doesn' t go to the interview, the USCIS will have no choice but to terminate your application. Your spouse cannot force you to leave the country but you expose yourself to all sorts of negative issues with immigration if you don't have legal status. You should urgently talk to a lawyer to see what your options might be in this situation.

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