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10 years bar entry if H1B VISA terms if violated

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  • 10 years bar entry if H1B VISA terms if violated

    Enter the US in 2016 on H1B valid til July 2019. Job ended on 05/22/2018. I know there is a grace period of 60 days to find another job or change status without being out of status. 06/08/2018 US citizen spouse filled i-130 and i-485 for AOS. If this AOS get denied, would I have acquired any unlawful presence ? Would I be subject to the 10 years bar ?
    Thanks

  • #2
    You do not accrue "unlawful presence" while AOS is pending, even if it is ultimately abandoned or denied. (You also do not accrue "unlawful presence" until your I-94 expires, though it might start accruing earlier if you apply for a benefit and USCIS denies it and determines that you are out of status, so an AOS denial might cause "unlawful presence" to start accruing at the time of the denial.)

    Anyway, why would your I-485 be denied? Eligibility for family-based immigration is pretty straightforward, so unless you make some mistake, it shouldn't be denied.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thanks for your response.

      We had the interview and my wife was not very cooperative, she answered some questions randomly.

      I'm going to leave the country before it get denied and apply for green card trough employment. I just want to make sure I will still be eligible for future petitions

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      • #4
        Originally posted by ladjo View Post
        Thanks for your response.

        We had the interview and my wife was not very cooperative, she answered some questions randomly.

        I'm going to leave the country before it get denied and apply for green card trough employment. I just want to make sure I will still be eligible for future petitions
        Like I said, even if your I-485 is denied, "unlawful presence" only starts accruing on the date of the denial. You only trigger a ban if you leave the US after accruing more than 180 days of unlawful presence, so there is no need to leave the country before it gets denied.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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