on the 366th day but kicks in only with the first step not on US soil.
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Why can't she adjust her status in the US? Did she enter the US unlawfully?
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
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(213) 394-4554 x0
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
When the person leaves the US.
J Charles Ferrari Eng & Nishimura 213.622.2255 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.
I have seen this problem happen to folks who had never used an attorney when filling out the green card paperwork and they marked consular processing and not adjustment of status on the paperwork (not knowing any better) and thus National Visa Center followed up indicating their relative needed to go back home to get an immigrant visa. Yet another reason to consult or use an attorney from the beginning since this could have been avoided. Now that your mother did go outside the U.S., the 10 year bar should kick in since the day she left the US. I highly recommend getting attorney assistance this time around.
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