I entered USA legally (J visa) 12 years ago. This visa had 2 year rule which was waived. My J visa expired and I was illegal for several years. I married US citizen last year and he applied for change of status for me. I was granted Green Card 4 months ago (conditional). Now I am overseas visiting my family and am worried if there might be a chance of me not being allowed back in the US. I will stay out of the country for 2 weeks only.I applied for waiver of 2 year rule while my visa was still valid, but I received the waiver after the visa already expired. The waiver letter from INS was presented with our adjustment of status application as well as at the interview. After that I was granted conditional GC. Will it be a problem considering that the 2 year rule was waived after the visa already expired and I was out of status?
If the J-1 212e two-year requirement was properly waived, all was fully disclosed when you applied for the marriage-based green card, and you were granted two-year conditional residence, I see no reason why you would have a problem reentering after a two-week trip abroad.
Getting permanent residence - even conditional permanent residence - resolves the problem of your having been out of status and being subject to a reentry bar (on a J-1 I-94, you may never have been subject to a reentry bar anyway).
I think a problem is very unlikely based on the facts here; if you have other concerns or there are facts not mentioned above, speak with an attorney directly.
A Conditional Resident should encounter no difficulties re-entering the U.S. with his "Conditional Green Card" and valid passport. This is true notwithstanding that before adjusting status he was unlawfully present in the U.S. for several years.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
David N. Soloway
Frazier, Soloway, Poorak & Kennedy, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * [email protected]
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway Frazier, Soloway & Poorak, P.C. 1800 Century Place, Suite 100 Atlanta, Georgia 30345 www.fspklaw.com 404-320-7000 * 1-877-232-5352 * [email protected]
You should not have any problem returning to the United States after two weeks, assuming that the two-year foreign residence requirement was waived. As a general rule, you only need to worry about returning after extended absences of 6 months or more, but there is no presumption of abandonment of your resident status until you have been outside the U.S. for more than one year.
I agree with my colleagues.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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