Legal Question in Immigration Law in West Virginia

Hi, I am a Canadian citizen and married an American citizen 18 months ago, I entered the country legally but have not been back to Canada in almost a year, we have applied for the marriage visa and it is taking a long time, can I go back to Canada to take care of personal business and return to live with my wife without any legal consequences


Asked on 2/23/18, 8:44 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you leave without advance parole (form I-131), your application will be considered "abandoned". However, if you accrued 180+ days of unlawful presence before you filed for adjustment, you will be ineligible for advance parole. I'd suggest having an immigration attorney review your case before doing anything that could effect your application .

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Answered on 2/23/18, 9:06 am


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