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What happen to me if I don't go to the green card interview? : My wife and I are separated and she will not come with me to attend the interview, so I'll go back to my country, I just want to know if it will be a problem for me after the interview, if I can buy a ticket and just go back to my country

Asked 12 months ago in Immigration

Idalis’s answer: I would suggest consulting with an experienced attorney. As long as you are truthful about the status of your relationship when you go to the interview, you should be ok...Even if the application is not granted, at least the facts will be clear. If you decide to depart from the U.S. without consulting, you may be abandoning not only your wife's application, but also other forms of relief.

Answered 12 months ago.

I have been scheduled for my I-130 interview with my husband. Do I run a risk of getting deported if I have a prior case?: I have lived in the US since 1990, my parents applied for asylum as a family (I was under 18). It was denied and final deportation order was processed for all my family in 2003.

In 2012, I applied for DACA and was approved. Recently renewed my DACA paperwork and will remains good until 2017. As per my understanding, DACA is supposed to prevent me from getting deported, however, with immigration I believe anything is possible.

Do I run a risk?

Asked about 1 year ago in Immigration

Idalis’s answer: DACA recipients do not run a risk of being detained and deported when they attend their I-130 interview. Although, you did not indicate how you entered the U.S. (a very important detail in your case which will determine your next step), you should appear at your I-130 interview (assuming you are in a true relationship) because the approval of the I-130 will be necessary to continue your path to permanent residency. You will need an experienced immigration attorney to reopen and rescind your deportation order or you cannot be granted permanent residency.

Answered about 1 year ago.

Is my son eligible to apply for a certificate of citizenship through form n-600? If not, what should be our next step?: My husband is a US Citizen by birth but he lived most of his life out of the US. My son was born 2011 ABROAD and my husband only started living 'continuously' in the US last 2013-PRESENT. In other words my husband have not met the 5 years ( I am not sure about this, Is there really? ) required physical presence in the US. My son and I entered the US with immigrant visas and we already have our green cards. We were told that upon entry to the US with an immigrant visa we can apply for a Certificate of Citizenship for my son thru Form N-600..
Any information would help A LOT and would save us $600 if my son is not eligible
Thank you!

Asked about 1 year ago in Immigration

Idalis’s answer: It appears that your son can derive citizenship from his United States citizen. Therefore, he should file Form N600 in order for USCIS to issue the Certificate of Citizenship. Legal and physical custody by your husband of your child for a period of 2 years since admission may be required. Your son's US passport may also be issued early. You should consult with an experienced immigration attorney.

Answered about 1 year ago.