I Had to leave the country

[san diego 407]

Unless I am reading this wrong, the OPs case is a bit different (or quite a bit), however. The OP did in fact live in the US and returned to her home country because of an emergency, unlike this example. She also clearly seems to still have an intention to immigration, unlike your uncle.

Yo may be right.. I just don't feel that OP did anything wrong, so there must be some mechanism for the OP to visit US..

[Casprd 167]

Unfortunately while the commerce department cries that we need more tourism, the DOS makes it harder and harder to get a tourist visa. Understandable in one respect because of the number of people who immigrate, legally or otherwise, from a tourist visa.

[Deputy Purple 1,294]

Yo may be right.. I just don't feel that OP did anything wrong, so there must be some mechanism for the OP to visit US..

You are correct that the OP didn't do anything wrong. that's not the issue at hand. Also the OP isn't looking to "Visit the US".

The problem is the the OP abandoned her Residency (Greencard) in 2 ways:

1. Remained outside of the US for 2 years without having a Re-entry Permit.

2. Failed to file to Remove Conditions on her Conditional Greencard.

Both of these are covered in the information provided to all Greencard applicants so it can even be said that she knowingly abandoned her Residency.

Since she has demonstrated Immigrant Intent it makes sense that a Non-Immigrant Visa will be more difficult for her to obtain as she would be likely to enter and remain illegally since she currently doesn't have a legal immigrant Visa path available to her.

If she simply wanted to visit the US then all she has to do is overcome the assumed immigrant intent and mitigating factors which bolster that assumption. She can possibly do this by building strong tie to Honduras such as a good job and property ownership and maybe even starting a family in Honduras. The fact is that she's unlikely to do these as she's stated clearly that she wants to return to the US to live (which is Immigrant Intent).

[san diego 407]

I know a number of people here that are here on L1 - 1 year business. If you sort through potential problem that Bob mentioned with deportation, and have legitimate business in you can apply for L1. I think outside of K1 and CR1 and diversity lottery this is the most predominant way of immigration and legitimate too. After one year you can apply for 3 year extension if you have a viable business, and then finally, apply for green card.

[jenn89 0]

I did not overstayed the tourist visa i got when i was 10 years old. I got my visa but i never stayed for longer then i was supposed to because i was going to be ilegal in USA. I came in my country to my family and then i went back to USA and studied English. That was when i met my husband and we were together for 4 years and then we decided to get married and move together that was when i got my GC, my visa was still good when we got married, but we had some problems that got me to separate. I do want to go back to US any time soon if i could but i would not take any advantage of any permit i could get or visa because my family is here in Honduras.

[payxibka 10,047]

Pax, questionable if she overstayed the tourist visa, kinda thinking she did, but the green card expired March 2009 and she didn't leave the US until summer 2010.

upon issuance of the green card, all previous overstays were forgiven... not forgiven with conditions attached....

On the basis of having been deported in absentia.

When a resident does not file for R.O.C., USCIS terminates the resident status. Since this takes a signature of a judge, a court date is scheduled where the immigrant can fight this. If she does not show up to this court date her residency is formally terminated and she is ordered to leave the U.S. within a specified time period.

As I said, she would need to get that sorted out first. But since she was an immigrant and clearly has immigrant intent again, I don't think she will even get a B2. Just sayin' it as I see it.

not arguing the ability to get a visa.. just saying not due to any imposed 10 year ban...