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Hello,
My wife is a green card holder however in her last visit to US, her green card was taken away at the airport by immigration officer due to over stay abroad. While she went to US we were planning to move there permanently. Our aim was to file I-130 petition for me while she is in US.
Now since her green card is taken away, we consult an immigration lawyer and she suggested that even though my wife is on green card removal proceeding period, she still can file I-130 for myself and she has to stay in US till my immigration visa process is completed in order to show the native ties with US. Technically my wife is still green card holder until court judge decides whether her green card has to be taken away or granted.
I would like to know what are the chances and risks here as I myself is not in US and if we go by the advice of our lawyer, she will have to move to US. My wife family is in US and my 2 years old daughter is a US citizen. Please advice.
Thanks,
CD
My wife is a green card holder however in her last visit to US, her green card was taken away at the airport by immigration officer due to over stay abroad. While she went to US we were planning to move there permanently. Our aim was to file I-130 petition for me while she is in US.
Now since her green card is taken away, we consult an immigration lawyer and she suggested that even though my wife is on green card removal proceeding period, she still can file I-130 for myself and she has to stay in US till my immigration visa process is completed in order to show the native ties with US. Technically my wife is still green card holder until court judge decides whether her green card has to be taken away or granted.
I would like to know what are the chances and risks here as I myself is not in US and if we go by the advice of our lawyer, she will have to move to US. My wife family is in US and my 2 years old daughter is a US citizen. Please advice.
Thanks,
CD
