Legal Question in Immigration Law in New Jersey

I got married May 2009 to a US citizen, my Visa has since expired. I have begun my Green card process but unfortunatly my wife has fell very ill and the cost of medical bills has crippled me. As hard as I try to save I cant cover both. Now i am contemplating going back to the UK and taking my wife with me. Is it true that if we had a family emergency that I would be unable to get back into the US if I didnt go through with my Visa?


Asked on 11/05/09, 9:45 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Yes, depending on how long you have been out of status, if your adjustment of status application will be abandoned and you leave to go back to UK, you might become inadmissible to USA for 3 or 10 years.

If you�d like to schedule a telephone legal consultation, please let me know, and I�d be glad to help: Attorney [@] law-visa-usa.com

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If a follow-up advice on your specific situation and regarding U.S.A. immigration-related issues is requested, 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. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/10/09, 10:03 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more details regarding your particular case before I could comment on it properly.

However, I can state that you can apply for permission to leave on a family emergency while your petition is being processed. In most cases these request are granted. However, you CANNOT stay out of the country for a long period of time (a week to 10 days max).

If you are successful you will be given a letter which you will have to show at the airport when you leave and upon your return.

Patricia Martin-Gibbons

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Answered on 11/14/09, 6:14 pm


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