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Tiaa

Left the usa while processing a greencard

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hi

 

you should have never left until you got the GC, you have a 10 year ban for having lived undocumented in the US

 

now you will need to file a waiver and your wife do the hardship letter to overcome the ban

 

 

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wow!! you should have talked to someone before you left.. leaving without AP will trigger the 10 year ban.

 

you will need to file the CR1 (which can take at least a year ) and then do a. hardship waiver (which will take at least another year)

also, a hardship waiver is not something you do on your own.. you need a skilled waiver lawyer so you are looking at 6k for the waiver alone not including all new fees ect... 

 

you are looking at a MINIMUM of 2 years to come back to the USA.

Also, new fees, new medical, waiver fees and a waiver lawyer (about 10k for all this)

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:time:

Need more info...

  • What was your status when you left?
  • Did you leave with an approved Advanced Parole (AP)?

If you had an approved AP, then you should be fine to use the AP upon return to the US.

 

If you were out of status when you left, then you will incur a bar depending how long you were out of status. You will need to file for a new visa to enter the US, and require a waiver to overcome the bar. ETA: ~2+ years, and the waiver is not a "sure thing" to be approved. Your AOS is abandoned.

 

If you were in status but left without an approved AP, you will need to file for a new visa to enter the US. Your AOS is abandoned.

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If you had approved Advance Parole document, then you can be fine to use the AP to return to the US. You can't spend more than most the year out of the US.


If you did not have approved Advance Parole, then sorry you have abandoned your AOS application and will not be given a green card

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14 hours ago, caliliving said:

wow!! you should have talked to someone before you left.. leaving without AP will trigger the 10 year ban.

 

you will need to file the CR1 (which can take at least a year ) and then do a. hardship waiver (which will take at least another year)

also, a hardship waiver is not something you do on your own.. you need a skilled waiver lawyer so you are looking at 6k for the waiver alone not including all new fees ect... 

 

you are looking at a MINIMUM of 2 years to come back to the USA.

Also, new fees, new medical, waiver fees and a waiver lawyer (about 10k for all this)

there is no ban for leaving without AP.  Where did you ever get that idea?

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