Green Card Denied - Re-Entry
If my British girlfriends 10 yr green-card (florida) is denied because of an arrest for possession of cocaine (not convicted) and immigration are trying to suggest her marriage was not bona-fide (she divorced after 18 months due to abusive behaviour, discovering he was a convicted felon and communication breakdown), and she leaves the US (back to UK), how long before she could apply for visitors visa to see family there for short vacation? IF she can show she has settled back in her native country, possibly remarried to me and no longer is seen as a migrant threat, are there processes for this scenario? If she only wanted citizenship / permanent residence she would have held onto the marriage for another 6 months!!! But since she is honest and wouldn't tolerate the abuse she left. Her possession arrest was also rumoured to be a setup by the ex-husband out of spite!! She doesn't want to be in the US any more, just needs to visit her family who are all now US citizens. There lots of different answers from many people and the attorney doesnt appear to be as competent as one would expect.
Re: Green Card Denied - Re-Entry
Did she overstay in the U.S.? If not, she should remain eligible to enter under the visa waiver program.
The cocaine charge, though, could impede reentry. We know none of the facts, so she would likely benefit from consulting an immigration lawyer. Also, given that she previously evidenced intent to immigrate, the immigration officer may want to see strong evidence of her ties to the U.K. to support her claim that she intends to return.
Re: Green Card Denied - Re-Entry
Thanks for the reply, I was hoping you would pen something back.
Ok, more details - she never over stayed and since getting married has been on a 2 yr greencard since 2006. She is currently having to go to the 'delightful' immigration office to get extensions - 1yr automatic, then 3 months, 2 months etc....
The possession wasn't pursued to a conviction due to pre-trial intervention in which she was required to help the police ensnare a know drug dealer. She was also given some community work. It is noted that no conviction stands. (is there a case for the clemency office on this matter do you think??)
She fully intends to leave the US, the only concern is whether to appeal the greencard if its denied in order to be able to visit family (her mum is very old now) if she has no other options. If she can fall back into visa / visa waiver circs then all is well.
Re: Green Card Denied - Re-Entry
Never mind...she got her greencard now!!! At last....
We have a question on Citizenship and I-131..... ill post in relevant place....
Thanks