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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