Asked on Dec 03rd, 2018 on Immigration - New York
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My girlfriend from Russian was in the US legally, she was here for more than three years. I middle of the process of trying to get a green card. Her mother was sick. She had to go back to Russia. I believe she was persecution visa. Can she return the US, if so is there a waiting period. Or can she come back on a tourist visa.
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Answered on Dec 26th, 2018 at 6:36 PM
A person who applies for asylum and has no other status is here under grace, and not under a legal nonimmigrant status. In leaving the US, she would have given up her asylum claim. She would find it hard to come back to the US on a tourist visa. To an American consular officer, she would have a difficult time showing nonimmigrant intent. I am not sure from your fact situation if you are saying that you are in the process of trying to get the green card or if she is or was. If you are in the middle of the process, and if your process allows you to travel out of the US and your category does not bar you from being married, you may travel overseas to marry her and add her to your case if you are serious about her. Also if you are a US citizen and serious about her, you might be able to bring her back under a K-1 fiancée visa or through marrying her and petitioning directly for her permanent residence. With a green card, you would only be able to take the second route. I note that overstays of 180 days or one year bar an individual from returning to the US for three years or 10 years respectively with some exceptions. In the asylum application context, your girlfriend should be prepared to show that her asylum claim was not frivolous. Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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