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Am, was just wondering, how a person can stay in the US on…

Am, was just wondering...

Am, was just wondering, how long a person can stay in the US on an h14 visa after the person gets divorce or do they have to leave right away

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

H4 visa*

Lawyer's Assistant: Have you talked to a lawyer yet?

Am no, just reading up on internet for now, not sure what about lawyers yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

You don't have to connect me its okay. i don't have the money to pay for a lawyer right now

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Answered in 13 minutes by:
3/14/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

You mean on an H-4 status as the spouse of someone that is on H-1B status?

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Customer reply replied 4 months ago
I am on H-4 status, my husband is on H1B status. My work permit expires in 2019. I am in the process of deciding whether I should file for divorce in the next month or so. I am aware that this will affect my status. I am just wondering, if i can stay until my work permit expires even if the divorce is approved within a couple of months. Or how soon would I have to leave after the divorce is final? If I do leave the country to visit my country of citizenship and return before the work permit expires and I am actually divorced, is this something that will show up in the USCIS immigration system, when they interview me at the airport? Note I do not intent to stay once my work permit expires, just trying to save a couple of more dollars before I return home.

Ok. You can stay in the U.S. as long as the divorce is not final. Once the divorce is final, you immediately lose H-4 status. Any EAD is also considered terminated at that point. If you stay and your employer doesn't check, you can probably make more money, but once you reach 180 days or more of unlawful presence, you activate the 3 year bar that means you cannot come back to the U.S. for 3 years unless you get a very hard to get waiver. It is a 10 year bar if you reach 1 year or more of unlawful presence.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thanks for your prompt and honest response. It gives me alot to consider. I definitely would not want to "activate" any bar. Does the divorce status shows up on the immigration system, particular at the airports, when they interview you upon returning to the states? Are the "divorce courts/records" and USCIS/EAD systems integrated? I mean is EAD/USCIS typically notified of divorces in the case of visa holding residents?

It does not generally appear in the immigration system, meaning that they are not notified specifically when you divorce, but it is your burden of proof to prove when you left the U.S. The divorce will be pubic record and easily found.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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