QUESTION
Does the ten year bar still apply to me if I am divorced?
Asked on Nov 28th, 2011 on Immigration - California
More details to this question:
I entered the USA on a F-1 visa, but because of some difficulties, I was forced to drop out of school and stayed for more than a year while out of status, my understanding is this automatically meant that if I had left the country, I would've been barred from re-entering for 10 years. I then met someone, we fell in love and got married, and I adjusted my status and received my conditional green card. However things didn't work out the way I anticipated, and we got a divorce, before the 2-year period. My question is, since I'm no longer married I have no interest in continue living here in the USA, however, because of a business that I started here, I will need to come over every once in a while to cater for my business, and I was wondering if I let the conditional green card expire, will I be able to apply for a tourist visa later on? In other words, does me getting the 2-year green card mean that the 10 year bar doesn't apply to me anymore?
3 ANSWERS
Immigration Attorney serving Chicago, IL
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Kriezelman Burton & Associates, LLC
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You would always be running the risk that they believe that you committed fraud when you first got the conditional green card. It would make more sense to get the conditions removed from your green card rather than just abandoning it. The 10 year bar would not apply to you anyways because students are generally admitted for duration of status or d/s.
Answered on Dec 01st, 2011 at 9:52 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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The ten year bar does not apply to you because you has been granted permanent residency and also because as an F1 holder, your unlawful presence start accrue after CIS or immigration judge make that determination. You may apply for removal of the condition after the divorce.
Answered on Nov 30th, 2011 at 10:21 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You should apply and get your 10 year green card and then apply for a re-entry permit. Otherwise, you can have issues travelling in the future as a visitor.
Answered on Nov 30th, 2011 at 10:17 PM