Do I have to return to my country if I have an approved i130 in removal proceedding

Asked about 1 year ago - Pompano Beach, FL

I am married to a usc I have submitted my i130 3mths ago if approved I know I can AOS with the judge or USCIS I overstayed on my b1/b2 no convictions my questions is do I have to do the return to my country cause im not inadmissible we told the judge our relief is AOS when he asked an he said ok the ice attorney said I was not inadmissible when ask by the judge or do the i601A applies to me also cause I have read where people like has not had to return home or pay waiver just their AOSfee{I know guys are going to say get a lawyer but I would love their what u guys say from your experience with prior cases /clients thank you..im in removal proceedings now pending my i130 judge has granted enough time for approval

Attorney answers (5)

  1. Roberto Javier Rivera

    Contributor Level 8

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    Answered . Its sounds from your facts that you would be eligible to adjust status in the United States, based on your approved I-130. Some courts prefer to terminate these cases and send them over to USCIS for adjudication and other courts will retain the matter for adjustment in front of the immigration judge. I would suggest at least discussing your case with an attorney. While on the surface a case can seem fine, there may be things lurking that could surprise or hurt your chances of adjusting. Immigration court should be taken very serious. Good luck to you in your adjustment.

  2. Michael Hugh Carlin

    Contributor Level 18

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    Answered . Well, as you predicted, I am suggesting that you consult with an immigration attorney. The bottom line is, if you are eligible to adjust status in the United States, then upon approval of the I-130, you could either apply for adjustment in Immigration Court, or ask for your case to be terminated so that you can have USCIS adjudicate your adjustment application. On the other hand, if you are not eligible to adjust in the United States, then you MIGHT be eligible to apply for the provisional I-601A waiver. The issues are too complicated for you to get your answers on Avvo, and so I strongly suggest that you discuss all of these issues in great detail with a lawyer near you. Best of luck.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of... more
  3. Shahzad Ahmed

    Contributor Level 14

    Answered . If you are not inadmissible, then you should be able to adjust in the U.S. But you need an experienced attorney to review your case to advise you properly. You don't want to risk being deported based upon erroneous advice given from lack of the facts. Your case is important. Best regards,

  4. Ksenia Alexandrovna Maiorova

    Contributor Level 16

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    Answered . Based on the facts that you describe, you may be eligible to adjust without leaving the country. The process of getting proceedings terminated based on an approved I-130 may be tricky, so I recommend hiring a lawyer.

  5. F. J. Capriotti III

    Contributor Level 20

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    Answered . When are you going to have a private consultation with an immigration attorney?

    I suggest: TOMORROW

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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