Scared to go back

jroman

Registered Users (C)
My friend has been in the U.S. for 3 years beyond the authorized stay. She is still in possession of a ten year B2 visa which was issued just before she came to the U.S. She has now married a U.S. citizen and has filed for adjustment of status and the case is pending. However, an emergency has developed in her family and they request her to go home to help. Can she travel back to her country? If yes, must she do anything special or can she just use her visa to return? If she does travel back to her country will her adjustment application be affected? If she does travel back to her country what may be the implications upon her return?
 
The advice you received is correct. If she leaves she cannot reenter until serving the 10 year ban or obtaining a waiver which is extremely difficult.

Her choice is him or her family in her country of birth.

How long has her case been pending?
 
jroman has your friend applied for an advance parole , if she has it she can travel, although its taking BIG chance, but then if its a life or death emergency she can take the risk, but just to travel outside for a vacation or simply visiting family or friends is not worth it.. this is a similar case like yours

http://www.expertlaw.com/forums/showthread.php?t=59051
 
If she has not been working with an immigration attorney, she should find one and have a consultation. A immigration law specialist needs to review what has been done.
 
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