Legal Question in Immigration Law in California

I have been living illegally in the United States since 1992 and plan on moving back to my home country in February 2010. My consulate cannot issue the necessary paperwork without an authorization from the USCIS. I would like to know what type of document I must obtain from USCIS, what the procedure is, who I must contact there and whether I need the assistance of an attorney.

Thank you for taking my inquiry into consideration.


Asked on 1/08/10, 1:06 pm

2 Answers from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

You may want to reconsider. The moment you leave, you will be subject to the 10 year bar and not be able to return for that time (minus some narrow exceptions.)

There may be ways to obtain your residency. Contact my office so I can help you.

Regards,

Brian D. Lerner

Attorney at Law

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Answered on 1/13/10, 1:46 pm
Luba Smal Smal Immigration Law Office

There is no document for you to obtain from the USCIS. If you are in illegal status, they can't give you any document or verification of "illegal status". They can only refer you for deportation/removal to Immigration Court (which you want to avoid, as you are leaving voluntarily).

Most of the embassies of the countries that I've dealt with can issue you a "travel letter/document" or a "certificate of return to a home country" (instead of a national passport), if they can verify your identity and nationality/citizenship. You need your expired passport and a birth certificate. Contact the embassy again and ask for a travel document.

P.S. If you have no legal basis to apply for a green card/residency - a lawyer can't help to obtain one unless there is a ground of eligibility.

All the best,

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/13/10, 1:53 pm


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