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  1. #1
    Join Date
    Feb 2006
    Posts
    2

    Default Loss of Status Through Divorce

    My divorce was signed on 10th of December 2005 but INS was notified on the 11th of January 2006. I received a letter from INS saying that my 485 was rejected due to the divorce a little later... during maybe 15th of January 06. They did not even ask to see the divorce papers or want to know when the divorce took place.
    My ticket to leave the United States is for 18th of March 2006. Now INS was notified in January about the divorce so .... I should be ok if I leave on the 18th of March. Please tell me if I am overstaying? I do not want to do that as my job could most likely bring me back here.
    My understanding is that from the time when 485 is rejected , one has 3 months within which to leave the country in order to avoid overstay and any penalties regarding coming back.
    Please let me know.
    Thank you,
    ALIYA.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    If this was from an adjustment of status, you may have been eligible for a thirty-day grace period. I'm personally unaware of any ninety-day grace period. However, as you went out of status when your divorce became final, it doesn't seem to much matter as you intend to overstay by more than 90 days. Consider consulting an immigration lawyer.

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