Legal Question in Immigration Law in North Carolina

Spouse needs to travel outside the U.S.

My wife and I are in the process of applying for her green card. She is Iranian and was here on a student visa. We were married in the U.S. following all the proper channels. Her mother has recently become terminally ill and she wishes to go to Iran to see her. If she leaves the country will we have to do a K3 visa to get her back in the country and start the process all over again?


Asked on 9/10/08, 2:53 pm

3 Answers from Attorneys

Johm Smith tom's

Re: Spouse needs to travel outside the U.S.

She would be taking a big risk in leaving the country before the process is complete. Balance the short term with her future; even her mother wishes her a bright future. Immigration law is very fact specific and it is unwise to give suggestions or advice without knowing the important facts. We have one attorney licensed in the US and Mexico who does most of our non-litigation immigration work. She charges for a consultation but you'd have answers you can rely on from a licensed and insured attorney, and the consultation if free if we work on your case.

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Answered on 9/14/08, 5:39 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Spouse needs to travel outside the U.S.

Depending on what stage of the process you are in and on your wife's immigration history, she may be eligible to apply for an emergency travel document at her local CIS office. Prior to filing for the document though, I would recommend consulting with an attorney to ensure that your wife does not subject herself to any bars to re-entry once she leaves the US.

If you would like to discuss further, please do not hesitate to contact me directly.

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Answered on 9/10/08, 3:11 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Spouse needs to travel outside the U.S.

Your spouse could apply for a reentry permit, or advance parole document to allow her back in to complete the adjustment process. I, however, never recommend leaving. Nevertheless, if she believes it is necessary, and your petition and her applications are already filed and you have receipts, then have her apply for a travel document. However, I may add this caveat: Iran is not the country you want to be traveling to because it is not a country whose citizens the U.S. easily allows to enter, no matter what applications they have. Good luck.

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Answered on 9/10/08, 9:15 pm


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