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Immigration

Can I go back to my home country with a T-visa? (written to mother)

There are a lot of considerations to think about, and talk to a lawyer about, before traveling. Although I am not an expert in immigration law, I did talk to an immigration lawyer to get some basic information for you - again, though, I suggest talking to an immigration lawyer to confirm all of this and to get specific advice.

Has she had her T-visa for at least 3 years and has she already applied to adjust her status to get a green card. If so, please write back and let me know because this below information may not apply to you.

If she hasn’t had it for 3 years and hasn’t already applied to adjust her status, and she leaves the US, she would have to apply for a re-entry visa in COUNTRY and they would have to review her admissibiity to enter the US - if she is denied, there is no appeal process, so she may get stuck in COUNTRY. Also, to later adjust her status, she’d have to prove 3 years of continued presence in the US (I think it allows for up to 90 days consecutive leaving and a total of 180 days but please confirm this) so if she gets stuck in COUNTRY for more than 90 days, she may lose her chance at legal status. Lastly, I believe one of the requirements for a T-visa is to show there’d be extreme hardship if she went home so by voluntarily going home, it may make it harder to prove this. Again, these are all things to think about when deciding if she really has to go home to COUNTRY. I strongly suggest talking to an immigration lawyer first. Here is a link for immigration organizations nationally:http://www.womenslaw.org/gethelp_national_type.php?type_id=1047 and lawyers in STATE: LINK

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