Can I enter United States if i received NIOD?
Thank you
3 attorney answers
It sounds like you have a lot to lose here! Invest [pay for legal services] in your future and life and get an experienced attorney to help you! You will need some advance planning before you come back! Good luck to you!
The Law Office of N. David Shamloo, LLC. N. David Shamloo, Esq. Immigration/Criminal practice 833 SW 11th ave no. 320 Portland, Oregon 97205 www.davidshomloo.com 503-220-5045 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Unless you have a valid non-immigrant status/visa or advance parole (perhaps from a pending I-485), you wouldn't be allowed to come back in solely based on the pending I-360/VAWA self-petition. Depending on your immigration history, your departure without advance parole may trigger 3-/10-year bar (for which you may need I-601 waiver based on the hardship to qualifying relatives or yourself).
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
Thank you for your reply! I also have pending I-751 Vawa and i551 valid stamp in my passport.
Since you are already a permanent resident with a valid I-551 stamp on your passport (presumably because your 2-year card plus 18-month extension expired), you shouldn't have issue returning. But watch out for I-751 RFE or interview.
I have both I-360 and I-751 Vawa pending for over 3 years now, since my marriage was annulled. Got my 3rd stamp as my 2 year green card expired years ago.
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By the way, the NOID comes before the denial. In any event, your I-360 is denied. If properly and timely AP was filed, and if still pending, you may have a weal argument, to reenter. It appears CBP may deny your entry. Good luck.
Thank you for your reply! I'm just worried that USCIS will take actions when I'm abroad and gives me problems to reenter USA...
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