Legal Question in Immigration Law in New York
voluntary leave from usa
Hi i wanted to know If i leave the usa voluntarily after overstaying, can i come back if i get married to someone from here? would this be less complicated if i stayed here and got married. I came here when i was four and sadly for me i didn make these decisions and now im really suffering. I kno I cant file a case here so if I leave can I avoid a bar or will it still apply to me? I have a diploma from here n ev n i attend college....please email back
1 Answer from Attorneys
Re: voluntary leave from usa
I would need more facts before your question can be answered but, in general, if you entered the U.S. legally the last time, marry a U.S. citizen in the U.S. without departing and apply for adjustment of status on the basis of an approved I-130 filed by your wife, the 3/10 year bar would not apply. There may be other reasons, though, why you may not qualify for adjustment of status. However, leaving the U.S. following an overstay of more than six months would subject you to a 3/10 year bar on re-entry. Contact an immigration attorney for advice before you take action.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
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