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Two immigration questions. If I qualify for deferred action, would I be able to leave the US and re-enter with inspection?

Yakima, WA |

I'm married to a US citizen, but my application for 245 i benefits was not submitted in time according to the priority date even though on the action notice it says that it was postmarked on or before the April 30th cutoff date and therefore I qualify for 245 i. Yet, I called USCIS and they said that it doesn't matter that it says that because they go by the priority date. Is there a way to fight this? Also, I heard a lawyer on the radio saying that with deferred action, a person can leave the US and re-enter with inspection. This would eliminate the need for 245 i benefits of adjusting legal status without having to leave the US.

Attorney Answers 5

  1. If you are married to a US citizen you do qualify for INA 245i. Because you will be the beneficiary of an "immediate relative" petition, you do not have to wait for priority dates or for visas to become available.
    It seems to me that you need to have your case reviewed by an experienced immigration attorney. Why would you spend money on deferred action and on traveling when you could get your green card now?
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    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

  2. I agree with my colleague. However, you will not be allowed to adjust through your spouse if you did not initially enter the USA with inspection.
    You have presented a very good issue regardthe current DA. I suggest you consult with an experienced immigration attorney to will gather more details from you regarding your personal case and determine what your possibilities are..

  3. If you were lawfully admitted to the U.S. (on a visa and/or passport) you will then be able to adjust status to permanent residence as the spouse of a U..S. citizen. There is no waiting period. As part of that application, while it is pending, you will be able to file for "Advance Parole" which will enable you to depart and then reenter the U.S.

    Behar Intl. Counsel 619.234.5962 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.

  4. I agree with my colleagues above. You should hire an experienced immigration attorney.
    Raja S. Gill
    Attorney at Law
    Law Offices of Raja S. Gill
    3991 MacArthur Blvd. Suite 400
    Newport Beach, CA 92660
    T: (855) 600-4567
    T: (949) 333-0891
    F: (949) 625-4816

    -- If you find one of my answers helpful, please mark it helpful -- Disclaimer: Answers/information provided on this site general nature for information and educational purposes only. The answer may or may not apply to the facts of your case. Please consult an attorney before making any decisions or in any way relying on this information.

  5. I agree with my colleagues. It looks like you are 245i eligible. Please hire an attorney and have him/her review your case.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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