感谢8老师。已经预约了律师,下周详聊。我还想请问一下,如果我回国可以appeal嘛?还是说我回国就默认appeal自动取消了?
-If you leave US before USCIS accept (i.e. aprpove) your I-290B, your I-290B for your I-485 will be denied (equal to your abandonment), but it does not affect I-130 motion to reopen/reconsideration or appeal.
最后上庭的时候,需要我本人在美国境内么?感谢!
-No court is involved.
PS: 补充下,我不是婚姻绿卡。是亲属移民。-OK. Are you a relative of a US citizen (e.g. minor child less than 21)? If yes, you may not need to leave US and may not need to file I-290B for motion to appeal, but just re-file I-130 and I-485 concurrently. Just talk to your lawyer and ask the lawyer for suggestions.
If you leave US, you have to apply for the immigrant visa in China to reenter US to become a green card holder directly.