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Immigration Issues/Re entry via B1/B2 Visa

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Question
Hi Sir, Have a Good Day
I am very thankful Ive found your website.
Me and my wife enter in the USA last February 2013 via B1/B2 visa and we allowed to stay up to August 2013. Last April 2013 my daughter who is a US Citizen filed us a petition here in U.S and last May 2013 we already received our alien numbers and had biometrics at USCIS, and until now we are waiting and our papers are still under process.
My question sir, I want to go back to the Philippines and wanted to retract my petition, can I still used my multiple visa since I was overstayed here due to my petition. Is it possible to retain my visitor visa and turn down my petition? I hope you can help me and learn from you what to do. More power to you and thank you.

Answer
Dear Danilo:
Firstly, sorry for the late response; I hope you still need some advise on your query. Anyways, by filing for GC you seem to have abandoned the multiple entry visa.  In this situation you may apply for advance parole to travel (this could have been done at the time of filing your GC packet and you would have gotten an EAD with advance parole.) However, you can still file for advance parole as long your case (I-485)is pending adjudication.

Regarding retracting the I-485 and using your multiple entry you may have problem of overstay.

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

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.

Experience

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

Organizations
Member - AILA. Bar Council of India.

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

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