Legal Question in Immigration Law in California

I-485/ I-130 Questions
I filed both I-130 and I-485 in July 08. My husband (the US-citizen sponsor) got laid-off last month and we have our INS interview coming up next week. I have a friend who will be my I-864 co-sponsor, but I still wonder if we should shy away from the fact that my husband was laidoff during interview? My income alone is $50K and sure does meet the poverty guideline. But will the fact that my husband doesn't have a job disqualify me from a greencard even our marriage is legitimate?

Also I was arrested in Sept 08 for Abuse of Family Member but the case was dismissed in court Nov08. Victim was my husband - he was hurting himself and then hurting me, I got scared and called the police - when the police got here he panicked and lied to them saying I hurt him and got me falsely arrested. Will this prevent my I-485 from being approved?

Lastly, I was planning a trip back to my home country soon after my INS interview - but I was told that I may not be able to re-enter. If I'm approved for my I-485 after my interview, can I ask the immigration officer to stamp in my passport the approval for my temp. greencard for me to travel outside the country immediately? I only plan to leave the country for 10 days. Or should I not take the risk?

Asked on 1/23/09, 6:26 pm

2 Answers from Attorneys

Larry L. Doan Law Office of Larry L. Doan

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Re: I-485/ I-130 Questions

If you already have a co-sponsor submitting a separate I-864, as you stated, which brings the family income over the necessary minimum level, then the issue of your husband being laid off is irrelevant. As for your arrest, it won't be a problem if it was only an arrest and did not result in a conviction. Bring the document(s) showing the disposition of the matter. If it was a conviction, then yes, it probably will result in denial of your I-485. As for travel, you should already have known (based on the warnings when you got the receipt for the I-485 filing) that you should NOT travel while the case is pending unless you apply for and receive advanced parole. If you pass the interview, and the case is approved, then the officer will stamp the passport at the end of the interview. But if there are issues and the officer doesn't stamp the interview, your application will be deemed abandoned if you travel after the interview prior to receiving advanced parole.

I recommend you attend the interview with an attorney.

Larry Liem Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

Answered on 1/23/09, 9:20 pm

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