To apply for an Immigrant visa do I need my whole family to go out of USA with me?

Asked almost 4 years ago - Fort Lauderdale, FL

My case was approved for Alien Worker, but my status here is illegal now. I am thinking to apply for Immigrant visa (Form I-824). I have two american kids and I am married. Do they need go back to my county with me to apply for Immigrant visa?

Attorney answers (2)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . Before you think about going out of the U.S. to get your green card, you had better find out whether you are subject to the unlawful presence bars to returning to the U.S. If so, are you eligible for a hardship waiver? Your U.S. citizen children do not have to accompany you if you do decide to abroad for an immigrant visa abroad.

    For additional information, please see

  2. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . I would agree that you seek the services of an immigration lawyer to discuss and assess your case before you leave the USA.

    There may be information that will assist you in making an informed decision in your case.


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