If she leaves under the circumstances you describe, she will be barred from returning for at least ten years. If she wants to return to the U.S. and spend her life with you, leaving now is not the way to go. Sorry about the family emergency. Have you considered getting married now, so that she can apply for residency while in removal proceedings? I strongly recommend that you both consult with an immigration attorney, immediately. This is complicated and you should not try to ho it alone.
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If she leaves, she will be ordered removed from the U.S., and she will be barred from returning to the U.S. for 10 years. There is a waiver she can file at the U.S. Embassy to waive this 10 year bar, but this waiver form is extremely difficult to get approved. I recommend that she files her paperwork here in the U.S., if at all possible.
Lena Korial-Yonan, Esq.
Leaving the USA in these circumstances is not a good idea. As my colleagues have suggested, leaving while in removal proceedings would likely lead to an in absentia order of removal. You really need to consult with an experienced immigration attorney as soon as possible, to try to make some arrangements and plans to at least minimize negative consequences and try to obtain a good outcome.
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I agree with my colleagues. Leaving at this point would not be wise. Marry her, and help her out while she is still in the United States. Consult an experienced immigration lawyer, please.
Simone Coley, Bachand & Bachand; 855-422-2426. 189 State Street, Suite 100, Bridgeport, CT 06604.
I agree with my colleagues.
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If she leaves now, she will be facing two discretionary waivers (the I-601 for unlawful presence and the I-212 for being removed). Hire an attorney now and get her situation resolved, then she can go.
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Leaving in the middle of removal proceeding will jeopardize her chances of coming back. If you guys do get married, and you sort out all the issues with immigration court, then she can travel on advance parole...
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