Legal Question in Immigration Law in Pennsylvania

Long story short. J1 visa holder, status expired in october 2006. Not a subject of 212(e). Valid marriage with a US citizen in march 2009. Didn't apply for AOS yet. If leaving US before applying and getting the notice of approval, what would the process turn into?


Asked on 1/24/10, 10:54 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

It will turn into denial of admission based on inadmissibility because of overstay.

A consular processing of any visa will result in a visa denial, and a hardship waiver will be required.

You shall consult a knowledgeable lawyer before planning what to do next in regard to your application for residency in USA and before leaving the USA even for the shortest of trips.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 1/29/10, 11:07 pm


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