Q: Hi, is it ok for someone who is married to US Citizen go back to his home country for visa interview at US embassy?
A: It may be fine but more information is needed. In some situations it may not be the best thing to do especially if the person leaving to their home country had overstayed their visa or convicted of a crime etc. Either way contact an immigration attorney in private via phone or email to find out before making travel arrangements. Many immigration attorneys including me offer FREE consultations, make use of those consultations.
All the best.
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15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
A: I agree with my colleague that it depends on the situation. If your spouse accrued unlawful presence here in the United States, he may need a waiver. Spouses of US citizens can sometimes file a waiver here in the United States and have it approved before leaving for the consular interview. If he has any grounds of inadmissibility and goes the interview, it may be denied or he may be told he needs a waiver. The safest thing is to talk to an immigration lawyer first to determine if he will need a waiver, and if so, what the best strategy is. I am happy to chat further if you would like. Good luck with your case!
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