Can I re-emigrate to the US under the EB3 visa petition?

I was once married to a US citizen and was granted a temporary green card. We filed for a joint petition but later decided to file for divorce. I went back to my country and USCIS sent me a letter that we need to have an interview with them, we were unable to go because I was no longer in the US that time. After which, they sent me a letter that my LPR status was revoked.

Asked on November 15, 2014 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your status was revoked due to the fact that you were no longer in a bona fide marriage that could support your green card application, then you are not barred from reapplying for US permanent residence through a different route, such as employment-based immigration.  If you have a US employer willing to offer you a fulltime position and willing to petition you for a green card on the basis of that permanent offer of employment, then you will be able to apply for a green card on that basis once the petition is approved and the priority date is current.

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