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?
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.
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.
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.
