Legal Question in Immigration Law in California

I-130 denied. Only 30 days to leave. Options?

I came on F-1 visa. I married and had I130 petitioned by marriage to Us citizen. Unfortunately, it has been denied due to abandonment, and I have 30 days to leave. Unfortunately, I think 30 days is not enough time to get my things together. I have assets such as car, property. I do intend to leave, but I worry I won't have time. What options do I have? I just need a little bit more time than 30 days.


Asked on 2/02/09, 11:51 pm

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: I-130 denied. Only 30 days to leave. Options?

If you're still married, why not file again, but this time pursue the case? Even though the notice says you must leave, that's not really necessary if you wish to refile. In that case, it wouldn't negatively affect you, unless you're talking about an immigration court order. In that case, it would be a different story, more complex than can be easily shared here.

If you truly wish to leave, you have 180 days within which to depart before being statutorily barred re-entry for three years, assuming you weren't out of status before you filed. If you were, then you may be barred re-entry, depending on how long you were not in proper status before filing.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 2/03/09, 1:47 am


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