Legal Question in Immigration Law in Indiana

immigration dilemma

i am american, my husband is australian. in 2003-2005 he applied for residency in the u.s. while waiting he worked under a work permit. in 2005 we moved to australia and he forfeited his application for residency. in 2006, we moved back to the u.s. in order for me to give birth to our second child because i was inelligable for healthcare assistance in australia. we are in a bad situation because without a work permit my husband is unable to work legally, and we are unable to pay the application fees to start the process of his residency. is there any way he can pick up his application where he left off, or does he have to start all over from the beginning?


Asked on 2/11/07, 12:54 pm

1 Answer from Attorneys
Nicola Prall Prall Immigration Law Firm, PC

Re: immigration dilemma

Unfortunately, it sounds like your husband must begin the Adjustment of Status part from the beginning. If you leave the US without an Advanced Parole document during the pendency of an Adjustment of Status application, the application is deemed as abandoned.

You may want to apply now if you can, however, because USCIS is proposing raising the fees very significantly. For example, the application fee for Adjustment of Status ("Green Card") will go up from $325 to $905.

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Answered on 2/12/07, 1:11 pm


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