QUESTION

Can I resume my adjustment of status?

Asked on Mar 16th, 2013 on Immigration - Virginia
More details to this question:
Dear Sir/Mme, My immigration case can be summarized as follows: - I have an immigrant petition filed on my behalf in 2007 for me and my wife. - I received my Advance Parole and my I-485 in 2008 - Pending adjustment of status (Green Card). - I have 2 kids born in the USA and have US passports. Ages are 9 years for the older, and 5 years for the younger. - I had to leave the USA in July of 2009 due to family reasons, thus abandoning my immigrant case. - While in the USA, I was in good standing and never violated any laws. - Currently I have a B1/B2 visit visa to the US valid until 2018. Currently I am in Jordan, and I'm questioning: Can I re-instate my status? What is the least resistance path to move back to the states and make myself eligible to work? What options do I have? Please advise. thanks. Rami Haddad
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I will assume that you were the principal in the immigration case and not your wife. If you are the dependent, your wife could continue the case and you could eventually immigrate as for dependent. You have not revealed what type of immigrant petition was filed on your behalf in 2007, but I will also assume that it was employment-based as there is a backlog that would have prevented your immediate adjustment of status although it would have allowed you under a glitch at the time to file form I-485 in the summer of 2007. You unfortunately cannot reinstate your status as you abandoned the I-485 application by staying out past the date of the advance parole. Entry under your B-1/B2 visa where you have an intention to permanently remain in the States would be considered a misrepresentation. In addition, it does not reverse abandonment of the I-485 application. If you do have an employment based case and if the employer is still willing to continue the sponsorship, the petitioner can request USCIS to send the approved I-140 petition for consular processing and you could be interviewed and approved for an immigrant visa when your priority date becomes current. If your employer will no longer continue your application for immigration because of your abandonment of the job or for other reason, you may be able at some point to have another US employer sponsor you for the green card. The new employer would have to go through labor certification processing, but if you were previously approved for an I-140 petition, you would be entitled to request your 2007 priority date for your new case. If you are eligible for H-1B sponsorship, that is probably the best route to come back to the States. I do note, however, that sponsorship requires a qualified employer, that the H-1B season will begin on April 1, and will likely last only a few days before the H-1B Is exhausted. However, that being said, legislation that will be introduced into Congress very shortly proposes to almost double the amount of the H-1B quota. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 25th, 2013 at 12:19 PM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
You must start over from scratch.  You will need a qualifying relative or employer to petition for you To immigrate to the US.
Answered on Mar 19th, 2013 at 12:27 AM

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