Legal Question in Immigration Law in Colorado

Waiting for my greencard while on vacation

Dear Sir,

I have been staying here in the Philippines for over a month of vacation. I exited USA while waiting for my permanent greencard. Do you think there is no problem with that? Can I still enter USA with my passport, and notice of transfering my application in California? I will be with my american daughter and husband when going back to USA.

I hope to hear from you soon. Thanks in advance for your advice. Take care and God Bless!


Asked on 7/11/08, 2:31 pm

1 Answer from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: Waiting for my greencard while on vacation

If you filed an I-485 application for adjustment of status and then left the U.S. without first getting Advance Parole using the I-131 form, then you should apply for an immigrant visa at the U.S. consulate in the Philippines. Otherwise, you will probably be denied entry to the U.S. until you have the immigrant visa. If you had more than 6 months of unlawful presence in the U.S. before leaving you could be made to wait 3 or more years.

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Answered on 7/11/08, 6:13 pm


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