How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28488
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
12467490
Type Your Immigration Law Question Here...
Judith Ludwic is online now
A new question is answered every 9 seconds

I am married to a us citizen and I had a green card

Customer Question

I am married to a us citizen and I had a green card for several years. We moved out of the U.S. for more than one year. My green card was cancelled by a border immigration officer. I am still married can I reapply for my green card. If so, can I apply for adjustment of status while visiting the U.S.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
I am still married can I reapply for my green card. If so, can I apply for adjustment of status while visiting the U.S.
Yes, you and your spouse can go through the whole process over again. You need to be careful and not file sooner than 60-90 days upon entry because you cannot enter as a visitor with the intent to immigrate. That is fraud and you are questioned at entry what is the purpose of your visit. They enter that answer into your electronic file.
Matter of Cavazos, 17 I&N Dec.215 (BIA 1980)
http://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2750.pdf
That case held that the presumption of immigrant intent does not apply to immediate relatives if adjust ment is filed within 60 days.
However, that does not mean that the USCIS cannot look at other facts and they have many resources available to investigate whether there was a fraud or misrepresentation to the CBP when questioned at entry. So for example, if the CPB officer asked your father why he was coming and if he was going back home and he answered "yes" but had abandoned all his ties to his home country then the USCIS could consider his statements as being a misrepresentation or fraudulent. So the adjustment could be denied on that basis and not on the immigrant intent issue.
Here is what you will need: Find instructions for each here:
http://www.uscis.gov/forms
I-130 Immigrant Petition (signed by US citizen spouse)
I-485 Application for Adjustment of Status (signed by alien)
I-765 Employment Authorization Application (signed by alien)
I-131 Application for Travel Document (signed by alien- this document permits alien to travel during the pendency of their "green card" case)
G-325A Biographic Sheet (one for alien and one for their spouse)
G-1145
A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
I-864 Affidavit of Support
Two passport sized photos of spouse
Six passport size photos of alien
Copy of alien’s passport including all blank pages and I-94
Copy of US citizen birth certificate, natz cert or passport
Copy of spouse's birth certificate
Copy of any divorce decrees
Copy of marriage certificate
One check for the I-130 in the amount of $420
One check for the I-485/765/131 in the amount of $1,070
The packet get filed at the PO box on Page 6 of the instructions
http://www.uscis.gov/files/form/i-485instr.pdf
You can read about the process at this site
http://www.uscis.gov/green-card/green-card-through-family/green-card-immediate-relative-us-citizen
I hope I’ve provided the information you were seeking. If you are happy with my service, please provide a positive rating. If not, please let me know so l can continue to help you.. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. If you feel I earned a BONUS, I am grateful. I will remember you and review our question history. Thank you.
Judith
Customer: replied 1 year ago.
''FOR JUDITH''. Assume that while crossing the border I had the Intent to immigrate. Can I apply for my green card while in the US and return to my country for the final interview. What are the pros and cons. Thank you
Expert:  Judith Ludwic replied 1 year ago.
Yes, you can do that, the spouse files the I-130 and it will take 3-5 months for petition approval. You will have to depart when your 6 months are up and wait to do consular processing which takes another 3-5 months after the petition is approved.An option is to file the I-129F with the fee receipt for the I-130 and apply for the K3. That allows you to enter the US while waiting for the petition to be approved and adjust status in the US. You still have to go back to your country to file for the K3.Read about it herehttp://www.uscis.gov/family/family-us-citizens/k3-k4-visa/k-3k-4-nonimmigrant-visasIt will cut off at least 3-4 months time. So the K3 could petition could probably be approved before your 6 months are up and you may only end up spending one - two months back in your country.All of this is very complicated and if you have access to Skype I can offer you the additional service of a telephone discussion.I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith