Can I return to US if I go home but I overstayed about 3 months as my petition papers are being processed? 5 Answers as of November 08, 2010

Can I return to the US if I go home but I overstayed about 3 months now and my petition papers are on the process? My mom and dad filed the petition about almost 6 months now and still pending. My mom is a green card holder now. I just want to go home because my partner is in a very critical condition and in a coma for 3 days now. I just want to be there for her, and it is killing me for just waiting and nothing I can do because of the papers..please help me! I do not know what to do.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
You are out of status, and you cannot qualify for admission for permanent legal residency, which follows the grant or denial of your parents petition, until you leave. You have been 3 months overstayed, if you leave now voluntarily, you will have no disqualification from being able to obtain a green card through consular processing, which is how you would be able to obtain your legal residency, which is commonly referred to as a "green card." If you want to discuss your case, and would like additional assistance in preparing your application for legal residency through consular processing, give me a call or e-mail for an in-person or phone consultation. Good fortune to you.
Answer Applies to: California
Replied: 11/8/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Yes, if you are granted "parole" or if your visa petition is approved. You should contact an attorney today so they can assist you leaving and returning without any headaches.
Answer Applies to: California
Replied: 10/28/2010
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
You can go home if you overstayed only for 3 months. But you probably will not be able to come back to the United States until your mother's petition becomes current (check the visa bulletin).
Answer Applies to: California
Replied: 10/27/2010
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
As long as your overstay is less than 180 days, there will be no bar to reentry if you depart and then try to reenter. However, keep in mind that if you already have a pending immigrant visa petition filed on your behalf by your mother, you are not very likely to be readmitted to the US as a visitor and may have to wait abroad until you can get an immigrant visa on the basis of the approved petition once it is approved.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answer Applies to: California
Replied: 10/27/2010
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