感謝8老師。已經預約了律師,下周詳聊。我還想請問一下,如果我回國可以appeal嘛?還是說我回國就默認appeal自動取消了?
-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.
最後上庭的時候,需要我本人在美國境內麽?感謝!
-No court is involved.
PS: 補充下,我不是婚姻綠卡。是親屬移民。-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.