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Can I apply for a Green Card after coming to the US on a I-130?

San Diego, CA |

I came to the USA in 1992 on a I-130. However, shortly after I declared myself as a refugee to Canada to be with my husband, who lived here. I left my I-130 behind in America with relatives. I have lived in Canada ever since. Can I apply for a green card without being arrested and prosecuted?

I immigrated from to the US in 1992 after my cousin filed an I-130 for me as my brother. I came to the US 1 year after he filed. When I came to the US I was suppose to file for a green card but I didn't. Instead I came to the Fort Erie border crossing to Canada to declare refugee status to be with my husband who was already in Canada. He never sought refugee status in America. I have renewed interest in moving to America. I was wondering if I can come back to the US and apply for a green card. I was wondering if they would hold me accountable for my cousin, who now lives in New Zealand, sponsoring me falsely. I didn't know he falsely sponsored me. I also am wondering if they would hold me accountable for seeking refugee status in Canada. My Main question is can I come back to the US.

Attorney Answers 3


  1. More information is needed. Was your husband granted asylum from the U. S.? If not, then this is not an issue, but you may have to start the visa petition process, again, and possibly seek a new petitioner and priority date. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.


  2. If you took no part in your cousin doing, you will not be responsible. No one will hold you responsible for seeking refugee status in Canada and no, you cannot rely on erroneously approved I-130 to seek permanent resident status. Maybe you should consider NZ for a new move.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. It depends. Whether or not you had knowledge of your cousin's fraud is a factual determination.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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