Entered the US as a tourist then married a USC. If my Adjustment of Status gets denied, will I be permanently banned from entering the US again even if I've a valid tourist visa?
I also overstayed while waiting for the results of my green card application, but since I'm married to a USC I was told I won't be penalized for that - except maybe if I get denied??
If it's a bona fide marriage and you can prove it with joint documentation, you will not get denied.
Your unlawful presence is waived when adjusting through a U.S. Citizen spouse.
If your Adj. of status gets denied, you may be placed in deportation proceedings, trigger the 3/10 year bar and you would need to clear the bar before you could re-enter. However, you may get approved for a waiver of the bar by filing a 212(d)(3) waiver at the American consulate in your country.
If you are feeling unsure about your adjustment of status, why not retain an immigration attorney to represent you and make everything go smoothly and, in the process, calm your nerves?
Simply having applied for and being denied adjustment of status in the USA is not, in and of itself, a ground of future inadmissibility to the USA. FIrst understand that the practical consequence of so doing in many instances miight make it harder for you in the future to convince a consular office that you possess bona fide non immigrant intent when applying for a visa. You might, at least initially, have to seek out a classification which does not have such a requirement (H-1, L-1) Also, look at why the AOS was denied. Were you found to be inadmissible under the law ? If so, you might need to apply for some advance permission to enter the USA with the CBP or possibly for a waiver with the USCIS
You got that part right, having overstayed and accumulated "unlawful presence', even for years, is of no consequence and forgiven when married a USC and applied for a green card as such.
Why do you think your AOS will be denied? Is yours not a real marriage for love, entered into in good faith? If so, there is no real reason why it might be denied.
If, however, you are found (or ultimately admit) to have entered into an "arranged" sham marriage for the sole purpose of obtaining a "green card", then yes, for all practical purposes you will not be readmitted into the US again, no matter what the type of visa you'd be applying for, as a consequence of your history being registered at the US consulate and US airport where you'd be landing.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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