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Immigration Issues/Options after green card denial


Hi Ajay,
   I am tessy suresh.i am so Sorry about the detailed question.i am in a desperate condition to get a solution on this.
        I came to NEW JERSEY, USA on  june 18, 2004 on H1B visa with my spouse and daughter.The validity of  visa was  only one year.After passing NCLEX RN exam our employer insisted me that there is no need to renew the H1B visa becoz we  can file an   I-485(application for adjustment status to green card) . So I continued my work with EAD(Employment Authorization Document)after the expiry of H1B visa .But  by 2007 march I changed the employer as the first employer was not able to provide us with a facility to work and he also got filed for bankruptcy.

         After a long 4 yrs in  DEC 8th 2008 ,Our green card application got denied .But by the time we moved from New Jersey to Houston,Texas under the same employer. Soon after the denial  my second employer filed an application for MTR(I-290B,motion to reopen),which also got denied on DEC 9 ,2009.At that time I was 6 months  pregnant with my 3rd child.After 60 days of my delivery we left USA on 2010 june 30 th.

         On june 27th 2010 we got a letter from USCIS stating that our case is considering for removal proceedings and will transferred to Houston immigration court.but there is no specific date on the we left US .After arriving india we contacted the immigration court and came to know that our case is considering on OCT 27th 2010.So we contacted secretary of the assigned judge who attended our case and also contacted attorney of Home land security for this specific case,and let them know that we are in INDIA.As per their instructions we send passport copies and travel itinerary copies showing that we are in India.So they submitted our plea to the judge on that day and got a confirmation of cancellation of our removal proceedings.

         We didnít get any letter for deportation.becoz we voluntarily left US and we have no history of any violations of law.Above all my two younger children are born in USA(one in 2006 and one in 2010).That,s the end of the pls inform that what are the options for me to get back to USA? .any help is appreciated.thank you have a great day

Dear Tessy, as per information provided it seems that you do have cogent reasons of not being able to leave the US in a timely manner after denial of your case. Though there is no specific timeline but a period of 30 days is considered reasonable.

You case was finally denied (with denial of MTR) on 12/09/2009 and you left the US [6 months later] on June 30, 2010. Things would have been entirely different had you attended the removal hearing and granted voluntary departure (VD). Please check whether you have been granted VD or your case was merely terminated because you had already departed the US.

To my understanding, you would need some-kind of visa to enter the US even with your USC children.  Your children are too young to apply for parents (can apply only after reaching age 21.)

Also, it seems that you would have a three year bar because of unlawful presence of more than 180 days but less than 1 year; however, it may not apply if you can show cogent reasons for not being able to depart.  (It is not viable to discuss in more detail here at the forum.)

You may contact us telephonic or via email for a detail discussion on the issue.  Please note, our offices may charge a nominal fee for consultation.  

Best wishes,
Ajay Singh, Esq.
845-784-1500 (Tel.) 646-807-4582 (Fax)  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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