I need help. I came to visit my mother in Brazil in 2012 and upon arriving I discovered that she had Alzheimer's, suffering from high blood pressure, arthritis and urinary incontinence. And the house was a shame, really bad smelling and dirty.I could not go back and leave my mother without receiving the necessary care. Only after much argument and discussion I had with my family she began to be treated better. My green card expires in 2019, but the US embassy in Rio de Janeiro sent me an email responding to my request to return deny my entry.
I would like a guide to what to do. If there is a possibility I appeal to this decision.
I have friends, a life and work waiting for me.
Please need some advice.
You must seek a returning resident visa (SB-1) Consult with an attorney for specific advice.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
SB1 returning resident visa is probably the way to go for you. Consult the consulate and an immigration lawyer.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
When you say 'deny my entry' does this mean that you were denied a SB-1 visa?
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
It is a tough situation. You need to show that you stayed in Brazil due to circumstances beyond of your control.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
Dealing with US Embassies is extra tough. Consular officers practically have absolute authority to deny or grant a visa. There is no formal appeal process for consular decisions. There is also the doctrine of consular non-reviewability that generally bars judicial review of visa decisions by consular officers. (Courts, however, have created exceptions to this doctrine.)
A consular officer can mistakenly and arbitrarily deny even strong visa applications. You may submit a request for reconsideration with additional evidence and stronger arguments overcoming the reason for the denial. In general, limited review by the principal/supervising consular officer is available. The officer may affirm the denial, reverse the denial, or request an advisory opinion from the Department of State. In rare cases, a lawyer may request an Advisory Opinion from the Department of State on legal issues related to a visa refusal.
You still have an unexpired green card (valid until 2019). It becomes technically invalid if you are absent from the US for more than 1 year. But in actuality, there are situations where US Customs will still (a) grant admission as an LPR; or (b) parole the person in and issue a Notice to Appear in Removal Proceedings, allowing the person to fight the abandonment of LPR charge in Immigration Court. See http://bit.ly/17Z68ky
Consult an immigration attorney for specific advice and guidance. You will not get full, case-specific information through online forums like Avvo.
The general answer I provided is not intended to be and should not be taken as legal advice. It does not establish an attorney-client relationship between you and me. You should not take action based solely on this general answer. Consult a qualified and experienced attorney to obtain legal advice on your specific situation.
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