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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11011
Experience:  Write FOR JAMES to get my help!
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I am haroon
, my wife was out of USA 5 years she is

Customer Question

Customer: Hi i am haroon
JA: Thanks. Can you give me any more details about your issue?
Customer: my wife was out of USA for last 5 years she is green card holder but was under treatment of fertility and suppose to live with me as per Dr she went to states but they took her green card and called her for deffered inspection after 2 months after 2 months they said your case file did not arrived so they give her I-551 for 1 year visa mentioned do not admit LPR and told her to chk again in coming may if file arrived what exactly is going on they paroled her for an year ?? tey said they will send youor case to immigration judge he will decide
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Immigration Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: for how long
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

So let me confirm, was she outside of the US for 5 years because of a medical situation that lasted the entire 5 years?

Customer: replied 1 year ago.
no first she completed her masters degree then get married and then for last 3 years treatment for her polysistic ovaries, then she conceived after that she traveled in last October 2015
Expert:  Expert James replied 1 year ago.

So wit a minute, she left the US and was abroad for at least 1 year, because she wanted to go to school abroad?

Customer: replied 1 year ago.
She lived in us for 10 months then she traveled for studies after studies she got engaged with me and got married to me and come to Dubai but then she come to know that she need to take treatment to become mother and should live with husband to make the treatment effective so she is out from 2010 till 2015 straight got married in Jan 2013 she traveled to us in Oct 2015 and they took her green card and ask to go for deffered inspection in December 2015 in USA she was paroled but in Dec they said your file didnt arrived so they ask her to come back again in May 2016 and the extend the visa for 1 year my wife she already apply for my green card in Oct 2015 when she reached their , now what it will be the situation
Expert:  Expert James replied 1 year ago.

OK Haroon, got it. Thank you very much. Now just to be clear, do you understand I am about to answer your question. And that I require you to give a positive rating in order for me to get credit for doing my job? Please assure me that you will provide a rating - based on customer service only - before leaving this site.

Customer: replied 1 year ago.
i already paid the money also please be noted my wife is living with her brother greencard holder , father greencardholder and married sister USA national, in feb 2016 she will have a baby also. and ur answer will charge me extra money ??
Expert:  Expert James replied 1 year ago.

I understand you paid the money. That is not what I am asking you about. I am asking you to confirm that you understand that you must give me a positive rating in order for me to get credit. Please confirm this for me.

No, my answer does not require you to pay more money.

Customer: replied 1 year ago.
sure dont worry i ill give u rating
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

QUESTION: What exactly is going on they paroled her for an year?

ANSWER: The problem here is that the government is questioning whether she intended to maintain her permanent resident status when she left the US for so long, voluntarily.

The law says that a permanent resident is supposed to be living in the US permanently, and that if they leave the US for 1 year or more without special permission, they will abandon their permanent resident status by operation of law (automatically).

Id she had permission with a valid Re-Entry Permit to leave the US for more than 1 year, that is OK. But unfortunately, if she did not have a travel document (Re-Entry Permit) to allow her to be outside of the US for 1 year or more, then she abandoned her permanent resident status automatically.

The good news is, they are at least letting her stay in the US to figure out exactly what is going on, instead of forcing her to leave the US immediately.

Eventually, she will be told to appear before an immigration judge to explain what happened, and why she was outside the US for so long. She can help herself by 1) not leave the US while she has been given deferred inspection, 2) by showing that she maintained strong ties to the US while she was abroad, and 3) she can show that a situation beyond her control for example, illness, etc.) led to her being outside of the US for so long, without permission.

She should get a lawyer to help her in court.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 year ago.
what will be the situation for the green card she already applied for me during this time as still they didnt told her to come before judge ...
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: your green card processing will be out in gold until a final determination in her case is made. This is because you don't qualify for it if they find she is not longer a permanent resident with a green card. I'm sorry about that but I don't make the rules.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

Customer: replied 1 year ago.
can u make it simple i didnt understand you well , u mean it is already rejected or stop processing or they will keep on processing it until judge will finalized his decision ??
Expert:  Expert James replied 1 year ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: They will temporarily suspend processing until a final decision on your wife's green card is made.

Customer: replied 1 year ago.
can i come on visit until my wife is here to see her ?
Expert:  Expert James replied 1 year ago.

This is a new question. It is supposed to be posted as a new question. I will answer it here as a courtesy.

ANSWER: If you have a visa, you are eligible to come visit. But the officer at the border will be the one who decides if they will let you in. If they believe you are coming not as a visitor, but intending to stay with your wife, they can deny you entry.

If you do not have a visitor visa, then you need to apply for one. It is up to the officer to decide if they will issue you a visa.

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you, or otherwise give a rating so I can close this question.

Thank you!

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