Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

 You would first have to be aware of the 3/10 year bar. It is quickly approaching and you may not be able to come back to the U.S. for 3 or 10 years depending. You may qualify for the R-1 Visa (which is not the one you listed above). This is for the Religious Visa. However, because you are out of status, you would have to go back to your home country to get it. The exception would be if you were persecuted in your home country. In that case, you would have up to 1 year to apply for asylum after entering the U.S.

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