Legal Question in Immigration Law in New York
deffered entry to usa
i came to usa in end of feb at k1 visa. i got married in march and i have social security# too, but my mistake i went to bahamas for honeymoon with my wife who is usa citizen not knowing i need to get visa to go to bahamas. bahamian immigration let us in and sent me back with deffered entry to usa and order to appear in the office to show my change to status forms which i have already submitted to apply for green card on april30. would they allow me to stay in the united states?
1 Answer from Attorneys
Re: deffered entry to usa
K-1 visa can only be used for one entry to the U.S. so unless you qualify to enter without a visa (visa waiver) you were not admissible and that is what probably caused the problem for you at the border.
On top of it, if you already filed for adjustment of status (I-485), your departure from the U.S. results in the abandonment of your application. Did you obtain an advance parole prior to leaving ? If not, it is up to DHS whether you may stay or not.
Contact an immigration attorney to advise you on how to handle your appointment and understand that you may be subject to removal.
The above is general information, is not legal advice and should not be relied on as such.
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