Is it possible to live abroad while on, or to withold a green card application without a 10 year ban?
Does anyone have any suggestions on know any loopholes or ways around this?
Answer:
Either you misunderstood your lawyer or he is not an immigration lawyer. the 10 year ban applies to anyone who is in the u.s. illegally for 6 months or longer or has overstayed their visa for 6 months or longer and then leaves the u.s. for any reason. for example a person entered illegally and then married an American and files the I-130 after 04/30/2001 can not adjust in the u.s. and has to apply for the immigrant visa abroad, upon arriving at the consulate in his country of origin will be automatically subject to the 10 year bar and the immigrant visa denied. A person who overstayed their visa and marries a u.s. citizen can apply for adjustment in the u.s. and get his status without being subject to the 10 year bar. Now once you have your status and want to leave the u.s. for 6 months or longer you can apply for a re-entry permit, this permit allows green card holders to remain out of the u.s. for a period up to 2 years without losing their status, but be careful there are some requirements that have to be maintained.
go back to mexico
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