filing green card

chandanbhise

New Member
My I-130 was approved thru my wife who is a U.S citizen in Jan 2007, but I could not adjust status since I did not have valid entry.I still had lawful presence since I had filed for asylum in 2002 and it was still pending with an immigration judge at the time my I-130 was approved.My asylum case was finally granted in June 2010 and the appeal was waived by the government.Not considering the option to file green card after one year based on asylum, can I file green card based on my I-130 right away.My attorney told me that since I do not have a valid entry, I have to get a asylee travel document and travel outside U.S and get a re-entry so I can file based on I-130.So, I got my asylee travel document last month and planning to visit Canada.Is there a minimum stay required to get a re-entry into U.S ? Do I need a visa to visit Canada on my travel document.Also I went to my local USCIS office and they gave me a paper which says I could still file green card based on I-130, even with an illegal entry but it will cost me an extra $ 1000 as a fine in addition to filing fees.Is this true? Please help, any advice would be greatly appreciated.Thank you
 
If I were you, I would pursue the green card thru asylum and I wouldn't leave the US before having the green card in hand. Unless you can get a solid confirmation from multiple attorneys that your past immigration violation won't cause you to be refused entry if you leave without a green card.
 
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