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My husband's returning resident status was denied. Best course of action?

Arlington, VA |

My husband had been out of the country for 2 years due to family emergencies that had to be taken care of, and consequently lost his legal resident status, but now wants to rejoin us in the States. What other options exist to bring him over again? i-130?

Attorney Answers 5


  1. If you are a US citizen, you can sponsor him for a new green card.

    (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.


  2. If he abandoned his lawful permanent resident status and was ordered deported then that would trigger a 10 year bar to reentry and he would need a waiver. Your question is lacking some key facts which are necessary to provide a complete answer. Consult an excellent immigration lawyer who can analyze the facts and provide you options. Also an immigration attorney may be able to help you fight the abandonment finding if he really did not abandon ; there may or may not be some way to do that depending on the procedural history of the case.

    No attorney-client relationship is created or implied by this communication. To contact this attorney see his profile; attorney number: 281-733-2875.


  3. If the only problem was his abandoning his status by staying abroad too long, then if you are a U.S. citizen or permanent resident you can file a new I-130 for him ands start the process for him to apply for an immigrant visa.


  4. New I-130. Good luck!

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com


  5. I would speak to an attorney as soon as practicable. As one of my colleagues has stated, if abandonment of residency is the only issue then you may be able to reapply on his behalf, but I would engage a local attorney, either myself or one of my colleagues around the area, to help you with the application.

    The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.

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