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Risks associated with LPR's sponsoring of a spouse - LPR with abandonment of status issues.

Pasadena, CA |

The situation is this. The LPR has been in school for 7 years (undergrad and professional school for 3) abroad. Because of the US job market could not land a job and so worked in the country of origin for about a year. Came back to the US and was given trouble about the green card but was allowed in (LPR shared the above facts with officers). They urged LPR to apply for re-entry permit, which they did. LPR is now in the US and working. LPR has a spouse and wants to sponsor - will this be an issue on the G-325A form (must disclose past 5 years)? Can the application be denied and the LPR himself suffer from removal proceedings?

Attorney Answers 3

Posted

An Immigration attorney would have to evaluate his/her case thoroughly. Re-entry permit is normally given BEFORE the person leaves the country, not after. Was his/her case referred to an Immigration Judge? How long ago has it happened? For how long has he/she been back in the US? These and other questions will have to be answered so an attorney can assess the options available.

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

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Asker

Posted

The case was not referred to an immigration judge. The LPR entered the US several times and was allowed in. They just kept telling the LPR to get a re-entry permit, so the LPR applied. But they the time the reentry permit came through, the LPR was already in the US working (so it was really useless). This is all very recent. This happened during summer of 2012-fall 2012. The LPR has been living in the US since October 2012.

Fernanda Nunes Hottle

Fernanda Nunes Hottle

Posted

It shouldn't be a problem, then, especially if the LPR kept ties in the US while he was out of the country. However, I still recommend a consultation with an Immigration attorney before filing any applications on behalf of the spouse. Good luck.

Posted

I agree with Attorney Hottle. It should not be a problem since you have returned and been working here, but you should nevertheless consult an immigration lawyer.

Good luck to you.

Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

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Posted

As long as you continue to maintain your residency, you are unlikely to face issues with USCIS.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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