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  1. #1
    Join Date
    Jan 2011
    Posts
    2

    Default Re-Entry Following Voluntarily Going Back to Malaysia

    My girlfriend is leaving the US to go back home to Malaysia. She has been in the US for 10 years, as I understand it she was originally only supposed to be here for no longer than six months. She has not been in contact with local law enforcement or INS, she has not been asked or told to leave. She is leaving due to circumstances involving her family in Malaysia but hopes to return, possibly as early as three months from now. We have been told by a friend of her's with knowledge of the situation that she will not be able to return, that she won't be issued a visa to return (?). I have offered to travel to Malaysia and marry her so that she can return but we've been told that this will not change anything, that she still won't be allowed to return. I'm looking for advice, information or opinions on how best to proceed. She will be in the US for two more days, I realize it's too late at this point to make changes but would it be best for her to stay and get married before she leaves? If she leaves now will she be able to return? Would marriage make any difference? Thanks for your help.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,848

    Default Re: Re-Entry Following Voluntarily Going Back to Malaysia

    You need a lawyer. Marrying her won't change anything directly. She's going to be subject to a ten year ban and it will take legal effort to change it.

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Re-Entry Following Voluntarily Going Back to Malaysia

    Thanks for your answer. Do you mean marrying her in Malaysia won't make a difference, as opposed to getting married here? So, would she still be subject to a 10 year ban if she married a US citizen, here in the US? Sorry, I really don't know the rules, I was under the impression that marrying would grant her certain rights, is that not the case? Also, does it matter that she's not been asked to leave, that INS or whoever else is apparently not aware of her situation? I'm assuming that when she goes back her extended stay here will come to light, is that correct? That's when she will be subject to the 10 year ban? Thanks for your help.

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