QUESTION

Am I barred from entry?

Asked on Sep 09th, 2015 on Immigration - Ohio
More details to this question:
I came to USA on B2 in January 2012, married my GF, applied for i-130, and had to reapply do to USCIS error, approved in Sept. 2014, could not apply for status due to spouse financial situation, then left for Canada in 2015. Am I barred if I want to come for a visit to help my spouse move house?
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1 ANSWER

Immigration and Naturalization Attorney serving New York, NY at The Law Offices of Grinberg & Segal, PLLC
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AS I have explained to you in your post on the other site, you need to calculate the amount of unlawful presence you have accrued before an answer could me offered. I-130 without I485 does not shield you from accruing unlawful presence even if it was filed before you fell out of status.    Please see: Unlawful Presence
Answered on Sep 09th, 2015 at 5:02 PM

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