If I letmy conditional green card expire, will I be able to apply for a tourist visa later on?

In other words, does me getting the 2-year green card mean that the 10 year bar doesn’t apply to me anymore? I was out of status for more than a year, my understanding is this automatically meant that if I had left the country, I would’ve been barred from re-entering for 10 years. I then met someone, we got married, and I got my conditional green card. However things didn’t work out and we got a divorce, before the 2-year period.

Asked on November 28, 2011 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can still try to remove the conditional status even if you are now divorced, as long as you can prove that the marriage was bona fide and was not entered into just for immigration purposes.  If you can prove it, you will get the unconditional green card.  If you do not apply or if you are denied in that process, you will again fall out of status and will be unlawfully present in the US and subject to removal.  If the unlawful presence time reaches 365 days, you will again be subject to a 10 year bar to reentry.  If you leave right after the green card expiration or denial of the I-751, you will most likely not be able to get a tourist visa since you had previously apply for permanent residence, indicating that your intention is not to visit the US but to live there on a permanent basis.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.