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  1. #1
    Join Date
    Feb 2006
    Posts
    2

    Default Grace Period for Leaving the Country

    My divorce was finalised in december 05. INS was notified in January 06. I am leaving the country but intend to come back.

    I have a question about overstay. I heard somewhere that I have 3 months within which to leave to avoid overstaying.

    But I do not know when the 3 months start.
    Does it start when the divorce was finalised? OR

    Does it start from when INS was notified?
    INS was notified about the divorce in January. They did not ask for the divorce decree. They did not even want to know when the divorce happened. They simply send me a letter saying that 485 was rejected on grounds of divorce.

    I ask this because my ticket to leave is for April ... about 7 days over 3 months .. if I count from when the divorce was finalised.
    Please advise me.

    Another question... am I out if status during these 3 months?
    If I come back as h-4 , will all this be a problem ?

    Please please advise.

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

    Default Going out of status after divorce

    You went out of status when your divorce was finalized. If you were denied an adjustment of status as a result of the divorce, you may be eligible for a thirty-day grace period. I'm not personally aware of any longer grace period which would apply. Overstaying, which you have done and intend to do no matter what grace period may be applicable, can affect your ability to later reenter the country. You should consider consulting an immigration lawyer.

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