Boston, MA asked in Immigration Law for California

Q: Assistance Required for Reopening I-130 Application. Can I travel back to USA in the meantime?

I am reaching out for legal assistance regarding my I-130 application, which has recently been denied. My name is Alexandru, and I am currently facing a critical issue with this immigration process.

Key Points:

I-130 Application Denial: My application was denied due to a failure to respond to a request for additional documents. This request was allegedly sent in August, but I never received it.

Address Change Issues: In June, my wife and I moved to a new address, which we immediately updated on the USCIS portal. However, the USCIS sent the additional documentation request to our old address, leading to this situation.

Current Travel: I am currently in Italy, having traveled here using an advance parole (I-131).

Urgent Concern: I am concerned about whether I will be able to return to the USA under my current status.

Potential Solution: The denial letter mentions the possibility of reopening the case by filing an I-290B and EOIR-29 form.

Can I still come back to USA?

Related Topics:
2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Your ability to return to the USA under your current status, particularly after the denial of your I-130 application, is complex and depends on various factors, including the specifics of your advance parole (I-131).

Generally, advance parole allows you to return to the United States after traveling abroad, assuming your status in the U.S. remains valid. However, if your I-130 petition has been denied and you don't have another underlying status in the U.S., re-entry could be problematic. It’s crucial to understand that advance parole does not guarantee re-entry, especially if your immigration status has changed.

Regarding reopening the case, filing an I-290B (Notice of Appeal or Motion) and EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer) could be a viable step. This process allows you to contest the denial of your I-130 application, especially given the circumstances of the address mix-up and failure to receive the request for additional documents.

Given the complexity of your situation and the potential risks involved in traveling back to the U.S. without a clear immigration status, it is highly advisable to consult with an immigration attorney. They can provide personalized guidance based on the details of your case, help with the appeals process, and advise on the best course of action regarding your travel plans. Remember, immigration matters can be quite intricate, and professional legal advice is crucial in navigating them successfully.

Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: Your case has been dismissed so you can either file a motion to reopen or start the case over again. Your return entry into the US will depend on the discretion of the Customs officer. If you are admitted, you should be able to file a new case. There are no guarantees though. However, you should not attempt to represent yourself again because had you had counsel to begin with, this problem never would have happened.

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