Traveling to USA while DQ

[Ana Reis 0]

Hi guys.

 

I am currently in US visiting my husband, I've been here for the past 2 months on my B2 visa. Me and my husband are traveling to my home country this week for the holidays and I was thinking of returning in two weeks time with him. We have been DQ 2 months ago and are currently waiting for our CR1 interview at the Abu Dhabi embassy. 

I know that being outside the US for only 2 weeks it is really a short period of time when trying to come back and I would most likely be denied entry again, I would like to hear your thoughts if I should take the chance and come and explain that I am not stupid enough to come and try to overstay my stay and jeopardize my green card application when we waited all this time, spent all those application fees and we're so close to the final step of getting it. I am currently on unpaid leave but I am still employed by a company back in my country of residence where Im due to return to work early next year.

 

Looking forward to hear your opinions!

 

Thanks

Edited December 16, 2020 by Ana Reis

[aaron2020 11,651]

One way to look at your situation is that you have been living in the US for the last two months, making a short 2 weeks trip abroad, and then coming back to continue living in the US.  Good probability that your entry will be look at further.  

While you may not be overstaying, it may seem that you are making a visa run to live in the US while waiting for consular processing.  

 

Edited December 16, 2020 by aaron2020

[Crazy Cat 41,845]

Personally, I think you are taking a big risk of being denied entry....or worse  My advice is bring a lot of convincing evidence that you will return to yo your country.  

Edited December 16, 2020 by Lucky Cat

[JFH 12,190]

It’s risky. At least AUH airport has pre-clearance so if you are denied (assuming you are a taking a non-stop from AUH to the US) then at least you won’t have to face a long flight. 
 

You might be denied. You might not. You have visited before with no problems - that’s in your favor. But at the same time you have a lot of factors that count against you. 

[carmel34 3,626]

18 hours ago, Ana Reis said:

I am currently on unpaid leave

Not really strong ties to return to your home country as you could just extend the unpaid leave.  Why take the chance when you're so close to finishing the process?

[Ana Reis 0]

Thank you guys, much appreciated your input. I’ll stay outside US for some time cause I don’t wanna take the risk and jeopardize something else. Thank you!! 

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Tourist Visas forum.