Legal Question in Immigration Law in South Carolina

I entered US on B1 visa in 1995. I was married to American citizen in 1997. I was sponsored by a restaurant in Varginia in 2004 for I-485. I had my permanent resident - 485 interview in Feb 2010. They said the decision is pending due to visa unavailability. In between from 1995 - 2010 I have never travelled outside US. But unfortunately my mother is not well and wants me to visit her in India. I would like to know will I face any problem returning back to US from India. Alo, I would like to know if I qualify for 245 I section because I had legal entry to US & was married in 1997. I would greatly appreciate your response.

Yours Sencerely,

Balmeet Singh


Asked on 2/27/10, 9:48 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

What is your status in USA now?

You entered ob B1 many years ago, since then the period of authorized stay had expired.

If you married a US citizen in 1997, did she petition for your green card? Why hadn't you adjusted status since 1997?

The I-485 interview based on an employment-based green card seems to pose additional issues.

If you are in unlawful status or had accrued period of unlawful presence over 180 days, any travel abroad will render you inadmissible to USA.

You need to consult a lawyer before you go.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a 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.

Read more
Answered on 3/04/10, 11:46 am


Related Questions & Answers

More Immigration Law questions and answers in South Carolina