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I recently came to Brazil with my daughter she is a American ..I got married to a American also and we still married .

Lowell, MA |

I need to know if I can go back to America. I dint get my green card because I send my evidences to the wrong address.. that was after my interview that I did with my husband I got really depress so I came to Brazil now my husband and I wants to sty together and I don't know wat to do??! please help me

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Attorney answers 5

Best Answer
Posted

It's necessary to know the circumstances of your application and departure. How did you first enter the US? How long were you here prior to filing your application? Why were you asked for additional evidence? Did you receive a denial prior to leaving the US? How long ago was the denial letter issued?

If you had unlawful presence before leaving the US, you might have a bar and won't be able to return unless you wait a few years or you receive a waiver. Now that you're outside the US, you would need to have your application done through the US consulate in Rio de Janeiro. You and your husband should consult with an experience immigration attorney for details and to assess your options at this point. Good luck.

[This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]

Asker

Posted

I first enter the US with a tourist visa it got expire and I stay there anyway...I was asked for evidence because I dint take it with me that day of the interview I forgot ..so wen I send it to her I send it to the wrong address ..I never got a denial they never told me t leave the US I left by my won choice ..now I regret ..IM in brazil should I hire a lawyer here or my husband should hire a lawyer in America?? I receive a letter sayng that wasn't enough evidence they were going to freeze my case ..

Fernanda Nunes Hottle

Fernanda Nunes Hottle

Posted

You need an attorney here in the US. Before determining what needs to be done, the attorney will need to review all of the paperwork you have regarding your application, and also know the date you entered the US originally, how long you were here prior to applying for adjustment of status, when you got married and in what circumstances, if you ever had any problems with the police, etc.

Asker

Posted

ok Thank you so much for your help

Posted

If you never had unlawful presence in the U.S., then you should be able to come back with an immigrant visa. Your husband would need to file an I-130 for you. If you had unlawful presence in the U.S. of 180 days or more, then you would have a bar of three or ten years to returning to the U.S. unless you qualified for a waiver. It sounds like you and your husband would benefit from consulting with an immigration lawyer to go over all the facts of your case and what your options might be.

Asker

Posted

I lived in the US for 12 years my visa was expired and then I got married to my husband ..I got a social security and a work authorized ..so does my husband have to file a I 130 form?? Thank you so much

Ralf D. Wiedemann

Ralf D. Wiedemann

Posted

For you to get an immigrant visa, it would have to start with your husband filing an I-130. But even an approved I-130 will not get you a visa if you are inadmissible to the U.S. It sounds like you were in the U.S. unlawfully for over 1 year. If so, then from the day you departed the U.S., you are inadmissible for 10 years (you cannot get a visa or enter the U.S. for 10 years). You can apply for a waiver of inadmissibility, but this will only be approved if you can show that your husband will suffer from extreme hardship if you have to stay outside the U.S. for 10 years and if he has to live with you outside the U.S. for 10 years. For something as complicated as that, you should talk with a lawyer. If you had talked to a lawyer before you departed the U.S., you would have learned the effect your departure would have.

Posted

I agree with Attorney Wiedemann. Do consult with an experienced Immigration Attorney for assistance. ur area.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Posted

You will not resolve your dilemma in a free, general forum such as this. You need individual attention, right now. Either you or husband must contact an experienced immigration lawyer to analyze your case and come up with the best possible solution, fast. Most of us conduct Skype consultations with our overseas clients.

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.

Posted

Hi,

Your brief description of your case is not clear to me: are one of you back in the Lowell area now? I come to Lowell, MA. once a week - on Wednesdays - to meet with people on their immigration cases. You should go to the office of MAPPS in Lowell or the office of the International Institute or contact me directly if you wish an evaluation session in Lowell. I would need to see your entire file from start to finish to see what is going on and what, if anything, can be done to assist in this visa processing case. Thanks! Nelson Brill, Esq. 1330 Beacon Street Brookline, MA. 02446. (617) 730-9908.