If my husband’s green card was denied while living in the US, how long must he be out of the US before returning on visa waiver to re-apply for green card?

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If my husband’s green card was denied while living in the US, how long must he be out of the US before returning on visa waiver to re-apply for green card?

I’m a US citizen and my husband’s a Norwegian citizen. We were just living in the US and my husband was on a visa waiver, then applied for adjustment of status and for his green card. His green card was denied because he missed his interview due to being out of the US for his sister’s wedding in Norway. We had notified and got permission from the USCIS 1 year in advance, that we would need to leave the US for a wedding, however, the USCIS scheduled his interview exactly when he was out of the US. So we received a notice from USCIS saying his green card was denied and he had 30 days to get out of US.

Asked on April 10, 2012 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have proof that you have notified the USCIS of your absence from the US, you can try to reopen the case by filing the motion to reopen/reconsider.  If not, then you can try to refile the application from the beginning.  In order to determine which would be better, it would be helpful for you to consult with an immigration attorney.


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