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I recently came to Brazil with my daughter she is a American ..I got married to a American also and we still married .

Lowell, MA |

I need to know if I can go back to America. I dint get my green card because I send my evidences to the wrong address.. that was after my interview that I did with my husband I got really depress so I came to Brazil now my husband and I wants to sty together and I don't know wat to do??! please help me

Attorney Answers 5

  1. Best answer

    It's necessary to know the circumstances of your application and departure. How did you first enter the US? How long were you here prior to filing your application? Why were you asked for additional evidence? Did you receive a denial prior to leaving the US? How long ago was the denial letter issued?

    If you had unlawful presence before leaving the US, you might have a bar and won't be able to return unless you wait a few years or you receive a waiver. Now that you're outside the US, you would need to have your application done through the US consulate in Rio de Janeiro. You and your husband should consult with an experience immigration attorney for details and to assess your options at this point. Good luck.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]

  2. If you never had unlawful presence in the U.S., then you should be able to come back with an immigrant visa. Your husband would need to file an I-130 for you. If you had unlawful presence in the U.S. of 180 days or more, then you would have a bar of three or ten years to returning to the U.S. unless you qualified for a waiver. It sounds like you and your husband would benefit from consulting with an immigration lawyer to go over all the facts of your case and what your options might be.

  3. I agree with Attorney Wiedemann. Do consult with an experienced Immigration Attorney for assistance. ur area.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

  4. You will not resolve your dilemma in a free, general forum such as this. You need individual attention, right now. Either you or husband must contact an experienced immigration lawyer to analyze your case and come up with the best possible solution, fast. Most of us conduct Skype consultations with our overseas clients.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

  5. Hi,

    Your brief description of your case is not clear to me: are one of you back in the Lowell area now? I come to Lowell, MA. once a week - on Wednesdays - to meet with people on their immigration cases. You should go to the office of MAPPS in Lowell or the office of the International Institute or contact me directly if you wish an evaluation session in Lowell. I would need to see your entire file from start to finish to see what is going on and what, if anything, can be done to assist in this visa processing case. Thanks! Nelson Brill, Esq. 1330 Beacon Street Brookline, MA. 02446. (617) 730-9908.

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