http://bbs.wenxuecity.com/immigration/584444.html
我的律师是华人圈很有名的，他一直保证我目前再开案不影响我回国走领事馆程序，可如果我再开案，晚于本月30号回国，那不就有10年处罚了？真要命啊！能否信律师的话啊？
- Even if USCIS thought your H-1 extension application was baseless (your employer did not provide the enough support documents), your unlawful presence can be counted only from the expiration date of your H-1 on 9/11/2011 until you filed H-4 application on 1/24/2012, not on the H-4 approval date, 4/25/2012. So it is less than 180 days. It seems your I-485 denial by USCIS is inappropriate. So, it deserves to file a lawsuit in the immigration court and I think you have a good chance to win. If you lose, just negotiate with the judge and you may choose to leave US voluntarily, and ask the judge to see whether you can get waiver for the 3- or 10- year bar.
我的律师是华人圈很有名的，他一直保证我目前再开案不影响我回国走领事馆程序，可如果我再开案，晚于本月30号回国，那不就有10年处罚了？真要命啊！能否信律师的话啊？
- Even if USCIS thought your H-1 extension application was baseless (your employer did not provide the enough support documents), your unlawful presence can be counted only from the expiration date of your H-1 on 9/11/2011 until you filed H-4 application on 1/24/2012, not on the H-4 approval date, 4/25/2012. So it is less than 180 days. It seems your I-485 denial by USCIS is inappropriate. So, it deserves to file a lawsuit in the immigration court and I think you have a good chance to win. If you lose, just negotiate with the judge and you may choose to leave US voluntarily, and ask the judge to see whether you can get waiver for the 3- or 10- year bar.
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