Choice at Deferred Inspection

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sunil_12

Registered Users (C)
Since I was out of the country for a long time (more than 3 years), on my return to USA, I was paroled in and given an appt for deferred inspection.

At the deferred inspection, I was given two choices:

a) Present my case before a judge as to why my green card should not be taken away. If I lose my case, I risk being deported and not being able to enter for 10 years.

b) Give up my green card voluntarily and be admitted on a temprary(tourist) visa.

My husband is a US citizen and if I take option b, my understanding is that he can file a new I130 for me and I can stay in USA till that comes through.

Which option would be better at this stage?
 
Is your husband's job the reason you were out for this long? If so choose A. No judge would deport you for that.
 
sunil_12 said:
My husband is a US citizen and if I take option b, my understanding is that he can file a new I130 for me and I can stay in USA till that comes through.

Which option would be better at this stage?
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as far as I know he doesn't have to file a new I-130, if you are still married and if you received your GC on the basis of your marriage to a USC. You can use a previously approved I-130 filed by your husband.
 
Using the same I - 130

Do you have some more information on how I can use the same I 130

Thanks


LucyMO said:
as far as I know he doesn't have to file a new I-130, if you are still married and if you received your GC on the basis of your marriage to a USC. You can use a previously approved I-130 filed by your husband.
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Actually, it was my husband's job. He was laid off in USA and could not find another job. Now he has found one and we are back in the USA.

But, the risk is that if the judge overrules me, I can generally be barred from reentry for 10 years.


envision said:
Is your husband's job the reason you were out for this long? If so choose A. No judge would deport you for that.
Click to expand...
 
sunil_12 said:
Actually, it was my husband's job. He was laid off in USA and could not find another job. Now he has found one and we are back in the USA.

But, the risk is that if the judge overrules me, I can generally be barred from reentry for 10 years.
Click to expand...

I wouldn't threat if I were in your shoes. The judge is human and understands that a wife will always want to be with her husband. Have you consulted an immigration attorney?
 
option A- you were paroled/inspected when you entered so even if the Judge rules you abandoned your green card. You can adjust your status again while still in the country. The 3/10 year bars only kick in if you leave the US before you get your green card
 
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