Can I leave the country for short time during removal proceedings under these circumstances?

[amit_kathuria]

I am green card holder since Jan 2012. I have done my Master's at USC, CA (2011-13) and worked at Intel Corporation (2013-15).

Since then I moved to India and have been maintaining my green card by visiting USA every 5 months. After getting married in Mar 2017, I filed for petition I130 for my wife for her green card too because we want to move back to USA immediately. But the petition takes long time to approve and I just couldn't migrate alone without her. Now she is pregnant since Dec 2017 and I obviously can't leave her alone.

But immigration officers stopped me at airport this time in May 2018 (without caring of my circumstances) and forwarded my case to immigration judge under removal proceedings (issued me a NTA). I just cant leave this country now otherwise I will be self deporting myself and I can’t stay here for long too as my baby is due by Aug 2018. I need a workaround where I can fight my case and still able to visit India before delivery of my baby. What should I do?

 

[Just Blue]

I am green card holder since Jan 2012. I have done my Master's at USC, CA (2011-13) and worked at Intel Corporation (2013-15).

Since then I moved to India and have been maintaining my green card by visiting USA every 5 months. After getting married in Mar 2017, I filed for petition I130 for my wife for her green card too because we want to move back to USA immediately. But the petition takes long time to approve and I just couldn't migrate alone without her. Now she is pregnant since Dec 2017 and I obviously can't leave her alone.

But immigration officers stopped me at airport this time in May 2018 (without caring of my circumstances) and forwarded my case to immigration judge under removal proceedings (issued me a NTA). I just cant leave this country now otherwise I will be self deporting myself and I can’t stay here for long too as my baby is due by Aug 2018. I need a workaround where I can fight my case and still able to visit India before delivery of my baby. What should I do?

You really should discuss this with an Immigration Attorney... Congrats on your up-coming happy event!!

 

[Zigner]

Why do you feel that an occasional visit to the US should mean that you have not abandoned your residency? By definition, if you are visiting the United States, then you don't consider yourself to be a resident of the United States.

 

[xylene]

Why do you feel that an occasional visit to the US should mean that you have not abandoned your residency? By definition, if you are visiting the United States, then you don't consider yourself to be a resident of the United States.

The OP has not stated anything that alone indicates he has intentionally abandoned his residency and was apparently taking active steps to ensure his status was not abandoned, thought the phrase "I moved to India" is problematic it is also colloquial and it is an intent to remain permanently which is paramount.

OP needs a lawyer desperately, and OP is very likely to have to resign himself to remaining in the US and missing the birth of his child if he wants to fight to preserve his status.

 

[Zigner]

He "moved" to India and occasionally "visits" the U.S. That's not what a resident does.

 

[not2cleverRed]

The OP has not stated anything that alone indicates he has intentionally abandoned his residency and was apparently taking active steps to ensure his status was not abandoned, thought the phrase "I moved to India" is problematic it is also colloquial and it is an intent to remain permanently which is paramount.

OP needs a lawyer desperately, and OP is very likely to have to resign himself to remaining in the US and missing the birth of his child if he wants to fight to preserve his status.

"Moved to India" coupled with "visiting USA every 5 months" and no employment in the USA after 2015 would indicate that he considers "home" and his "permanent residence" to be India.

 

[xylene]

He "moved" to India and occasionally "visits" the U.S. That's not what a resident does.

I like the way you keep saying that, even though USCIS states plainly that an intent to remain permanently is required.

"Moved to India" coupled with "visiting USA every 5 months" and no employment in the USA after 2015 would indicate that he considers "home" and his "permanent residence" to be India.

Employment in the US / With a US company etc... not important is he's filing and paying US taxes.

 

[xylene]

Not to mention that his intention was always to bring his wife to the US once her status was legal, something that was being processed.

The anti-immigrant mental loops to say "You've abandoned your US residency because your spouses I130 takes forever" - something that to any sane reading would fall under the "Any events that may have prolonged your absence."

 

[Zigner]

Not to mention that his intention was always to bring his wife to the US once her status was legal, something that was being processed.

The anti-immigrant mental loops to say "You've abandoned your US residency because your spouses I130 takes forever" - something that to any sane reading would fall under the "Any events that may have prolonged your absence."

He moved away in 2015 - he didn't marry until 2017.

 

[not2cleverRed]

I like the way you keep saying that, even though USCIS states plainly that an intent to remain permanently is required.



Employment in the US / With a US company etc... not important is he's filing and paying US taxes.

He does not live in the US.
He does not work in the US.
He has made his home, gotten a job, and settled down in India, for all appearances.

According to his LinkedIn profile, he lives in India (not visiting) and works in India (not just doing a job that he was transferred to - has worked for more than 1 company.

My legal advice is for OP to change his userid.

It would also have been a good idea for him to... be more discreet on LinkedIn. If I can find it, it's pretty obvious.