Left the usa while processing a greencard

[Tiaa 0]

What happens if you left usa while processing a green card? Can i re enter? Stayed in the usa for 7 years while processing for a green card but left the country for emergency. 

[Transborderwife 4,666]

Did you have advanced parole?

[Dutchster 1,106]

Unless you have advanced parole, there will be no way to re-enter for you. Then you'll have to start all over again with CR-1/IR-1 visa. 

[Unlockable 7,306]

Unfortunately, you will not be able to re-enter the US. You will have to have you spouse file a petition for you and wait until it is approved.

 

 

[aleful 1,905]

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

 

 

[caliliving 606]

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)

[Lenchick 133]

5 hours ago, Tiaa said:

What happens if you left usa while processing a green card? Can i re enter? Stayed in the usa for 7 years while processing for a green card but left the country for emergency. 

but what status were in when you left the US?

[Lenchick 133]

this is on the subject from USCIS website

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

[Boiler 43,394]

Impossible to comment without more info.

[NikLR 13,220]

~~moved to AOS from work, tourist and student visas from tourist visas~~

[geowrian 22,335]

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.

[Ash.1101 1,755]

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

[Cathi 5,609]

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?

[Brit1 54]

1 hour ago, mimolicious said:

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

There is a ban for accruing illegal presence in the US, which will be triggered on leaving.

[EM_Vandaveer 2,364]

We don't know for sure if OP was overstaying. Clarification is needed.