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What happens if I leave the country while my status is pending and have a court date i can't wait for?

Asked over 2 years ago - Miami, FL

I was holding a tourist visa when I got married to a US citizen. I applied for residency and got my work permit to legally work and live in the US. But things didn't work out so we got divorced before anything else could happen. Then I got married again to a US resident and now have recieved a court date. What can I do? I want out and want to return to my country because things with my wife aren't working out. How will all these affect my coming back to the US as a tourist again?

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Scott D. Pollock

Reputation Level 17

Answered over 2 years ago. Immigration Attorney in Chicago, IL.

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Since you are in a removal proceeding, you would need to request an opportunity to leave the U.S. voluntarily. If you are ordered removed, you could be barred for 10 years. Even if you do not trigger a bar, you could still be denied admission as a tourist based on a conclusion that you previously overstayed your tourist visa and you may not be able to establish the required nonimmigrant intent to enter the U.S. temporarily as a tourist.

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