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Removal proceedings, leaving USA and marriage?

New York, NY |

My gf needs to leave USA for family emergency asap. She is in a removal proceeding and has been illegal for over 1 year but did come and study/work here legally for a long time. We are planning for her to just leave and for me (US citizen) to go to her home country and get married then for me to come back and start paperwork. Any advice or suggestions?

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Attorney answers 7


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.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


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...

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney Blog:

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