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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12163
Experience:  Write FOR JAMES to get my help!
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I got married to a us citizen and want to get a divorce, but

Customer Question

JA: Hi. What do you want help with?
Customer: I got married to a us citizen and want to get a divorce, but I haven't applied for a status adjustment yet and I wanna know how is that gonna affect my status?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Immigration Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Expert James replied 10 months ago.
Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me some time to review your question. It might take a little while, but I WILL be back to continue this conversation.
Expert:  Expert James replied 10 months ago.
What status are you on? What status did you enter the US with?
Customer: replied 10 months ago.
i had a student exchange visa(J-1), but currently I'm overstaying it.
Expert:  Expert James replied 10 months ago.

OK, thank you very much. MY apologies for the delay, as I was away when you responded several hours after my request for additional information. I also was out of town for the weekend. I'm sorry for any inconvenience this might have caused you.

As we work through this, think about this as a back and forth conversation. Once you've received the information you need, please leave me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job. Please do not forget to do this before leaving the site. Like you, I want to get credit for doing my job. I am sure you understand.

QUESTION: I wanna know how is that gonna affect my status?​

ANSWER: You have no status that can be affected because you are out of status. And because marriage and filing for an adjustment of status is the only way that it can be corrected at this point, if you get a divorce or you do not file, then you will never be able to get back into a legal status without leaving the US first. And id you leave the US having been out of status, that will affect your eligibility to come back to the US in the future.

More specifically, if you have been out of status for 6 months up to 364 days, then you are subject to a 3-year ban from entering the US as an immigrant. And if you are out of status for 1 year or more, then you are subject to a 10-year ban from re-entering the US as an immigrant. And if you want to come as a nonimmigrant, you will have to answer questions as to why you were out of status and probably will have to get a waiver of ineligibility for a nonimmigrant visa (Hranka waiver).

I hope I have answered your questions. If I have, then please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. If you still have more questions, you can ask them even after you’ve given a rating.

I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!