Legal Question in Immigration Law in New York

I am presently on a H4 visa to US. My husband has filed for divorce.

I also have a B1/B2 multiple entry visitor's visa from before my marriage.

This was not cancelled.

I wanted to know

- if I travel to India after the divorce is final, would I have to seek an appointment at the US consulate and go for B1/B2 stamping again?

- Is the visitors visa still valid?

- Will I just have to state entry as B1/B2 at the time of travel to US?


Asked on 2/24/10, 5:02 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

Yes, if your B1/B2 visa is still valid and unexpired, you should be able to travel to USA as a visitor in the future after divorce.

After divorce, you no longer can travel to USA on H4 visa, as it'll become invalid (even if unexpired).

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 consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 3/01/10, 5:15 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Once your husband files for divorce, if you were granted a visa as a spouse, you will lose your visa.

However you should still be able to use your visitor�s visa to travel to the US.

Patricia Martin-Gibbons

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Answered on 3/07/10, 12:32 pm


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