Immigration Law

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I have some questions about card application

Customer Question
Hi, I have some...

Hi, I have some questions about green card application

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Submitted: 4 months ago.Category: Immigration Law
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Answered in 5 minutes by:
1/7/2018
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,406
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

Sure, what are your specific questions?

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Customer reply replied 4 months ago
Hi, here is my situation. I'm on F1 and married to a US citizen, just filed I-485 yesterday, which was the second time I filed I-485. The first time was denied because I went back to my country without first seeking Advance Parole with USCIS. My grandmother was passing, I didn't have a choice but to abandon it on purpose. I wasn't supposed to be able to come back here, because when I filed I-485, I lost F1, and when I left the US, I abandoned I-485, however, they let me back in, my lawyer thinks that it's a mistake made by Immigration, but since it's not my fault, it's fine. Also, in the decision letter, the officer made it clear that I was put back on F1, therefore, I am here legally
Customer reply replied 4 months ago
However, I need to take a semester off due to some family problems, meaning that I would lose my F1 status again. I wonder if my case gets denied again, does it mean I have to leave America?
Customer reply replied 4 months ago
I-130 was approved the first time I applied
Customer reply replied 4 months ago
my concerns are:
1. Since I-130 was approved the first time I applied, does it mean I have a higher chance of getting everything approved this time?
2. If I do get denied again, does it mean I absolutely have to leave? If not, what other options do I have?(I asked another lawyer, he said, I could try again, however, if i get denied the second time, I should also be prepared to be denied again the third time, and if I keep applying, eventually, I could get deported for doing so)
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 4 months ago

1. As far as the marriage goes, you have been approved. Therefore yes, it is slightly easier now because the harder part is done.

2. There is no reason you should be denied if you entered the US legally and you did. The only reason would be if USCIS believes that you entered the US as a student with fraudulent intentions to file your I-485 here. This is not allowed. As long as they do not believe this, then you should be fine.

If you were denied, whether you could apply again and whether it's recommended to do so depends on the reasons WHY you were denied. I cannot guess that before it happens especially because I don't see a reason why you would.

If you were denied for some reason that can be corrected, then yes you can file again once you correct it.

Good luck to you and I hope this answer has helped you.

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Jen Marie, Esq., Immigration Attorney
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