Is my I30 still in progress if I left the country? 10 Answers as of October 24, 2011

After living in the states illegally for sometime I filled for a an I30 through my parents. After graduating from university I had to leave the states so I that I can work in my filed of study. Is my I30 still in progress? I noticed some lawyers saying something about triggering a 10 year ban but isn't it true that a deportation order had to been filed? Ir else if you left on your own then you were never deported or self deported and that means your I30 is still in process?

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Law Offices of Jacob D. Geller
Law Offices of Jacob D. Geller | Jacob Geller
The I-130 is a petition that does not give you any status in the United States. The I-130, if approved, serves as proof that U.S. Citizenship and Immigration Services has officially recognized your family relationship (in this case, the parent-child relationship). Whether that I-130 can be used to get a green card is another question. If you left the United States after you had been out of status for more than six months, you would have a bar on being admitted to the United States for three years; if you were out of status for one year or more, this bar goes up to ten years. There are waivers for this bar through your parents. This bar is different than having a deportation order on your record.
Answer Applies to: Massachusetts
Replied: 10/24/2011
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
The I-130 should be fine. If you overstayed/stayed illegally for 180 to 364 days, you are barred for 3 years, if 365 or more, 10 year bar will apply.
Answer Applies to: Nevada
Replied: 10/24/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
I-130 will not be affected if you leave the US, either on your own orare deported. An approved I-130 cannot do you any good unless you can either adjust your status in the US to permanent resident or, if you are outside of the US, receive immigrant visa from American Consulate. If you have unlawful presence in the US for more than 6 months and then left the US, you are subject to the 3 year bar; if more than 1 year unlawful presence, you will be subject to the 10 year bar once you leave the US. Again, it does not matter if you leave on your own or are deported. if you are subject to the bar, you mat apply for waiver. However, waiver is very difficult to get so please consult with immigration lawyer for advise.
Answer Applies to: California
Replied: 10/21/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You are confusing several things. The I-130 will stay pending until adjudicated whether you are in or out of the U.s. It is important though that if the Petitioner moves that they immediately notify USCIS otherwise the case will be abandoned. They should also notify USCIS of your move overseas. If the case has already been approved it will be sent to the national Visa Center and they will also need to know current whereabouts of yourself and the Petitioner. This is in your interest to do so make it a priority. If you accumulated unlawful presence in the U.S. and then left the U.S. even if not deported then you have triggered a ten year penalty before you can come back unless a waiver is filed by your PR or USC petitioner.
Answer Applies to: California
Replied: 10/21/2011
Law Office of Eric Fisher | Eric Fisher
The I-130 should have been filed by your parents and your leaving the U.S. will not affect it. The 10 year bar will occur if you were out of status in the US for a year or more and then you left. There is no need for a deportation order for the bar to go into effect.
Answer Applies to: Colorado
Replied: 10/21/2011
    Cardenas Law Firm
    Cardenas Law Firm | Abraham Cardenas
    When a person is present in the U.S. illegally (without papers) that person is accumulating what is called illegal presence. If that person has accumulated more than one year of illegal presence AND that person then travels outside of the U.S., the immigration law automatically triggers (by operation of law) a ten year punishment that prevents them from coming back to the U.S. There is no need for a deportation order to have been issued for this punishment to be triggered. In your case, the ten year punishment will prevent you from returning on your parents approved I-130 unless you apply for and receive a waiver for having been in the U.S. illegally. Im sure your I-130 is still active but without a waiver, you will need to wait the 10 year period.
    Answer Applies to: Florida
    Replied: 10/21/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    The I-130 will continue to process. However, having left the U.S. triggers a 10 year ban that requires an additional waiver when the I130 is approved.
    Answer Applies to: New Jersey
    Replied: 10/21/2011
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Your I-130 is likely still pending assuming your parents have followed through on the case. If your parents ceased responding to inquiries from USCIS, the I-130 can be denied due to abandonment. As for the fact that you left the country, you are confusing two different things. You are subject to a 10 year bar to admission to the United States assuming you remained in the United States illegally for one year or more (a 3 year bar applies to unlawful presence of 6 months or more). This bar is applicable regardless of whether you left the country voluntarily or not. This bar can be waived by showing extreme hardship to your parents if you are not allowed to enter within 10 years. For individuals who were placed in deportation/removal proceedings, they are subject to a bar to admission for being deported/removed from the United States for ten years as well as the unlawful presence bar (if applicable). This bar can also be waived under certain circumstances. It would be in your best interest for your parents to meet with an immigration attorney in person who can determine if the I-130 is still pending or what stage in the process the case is as well as discuss the waiver.
    Answer Applies to: New York
    Replied: 10/21/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    The ten year bar starts when you leave the country.
    Answer Applies to: Texas
    Replied: 10/21/2011
    Davies Immigration
    Davies Immigration | Mark I Davies
    I am afraid that an order of deportation and the ten year ban are two different things. An individual who has been unlawfully present in the U.S. for one year or more consecutively and again seeks admission to teh US is barred for ten years from the date of such individual's departure or removal from the United States. Note that the statute says departure OR removal. Departure from the US is required to trigger the 10 year bar, which is probably what the attorneys you have spoken with told you. That said, I would like to know more about your parents and how you originally entered the country. What nationality are your parents? Where were you and your parents born? You would be amazed how many people are shocked to find out that they are US Citizens but did'nt know it! The above is not legal advice and only constitutes general information. You should definitely take legal advice from an expereinced immigration lawyer.
    Answer Applies to: New York
    Replied: 10/21/2011
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