Can I get an H2B visa?

IDear Mrs Walker-Huntington, saw your column on The Gleaner’s website, and I’m wondering if you can help me. My question is, if you get married in the United States and fail your green -card interview, can you re-enter the US on an H2B visa?

D.W.

Dear D.W.,

If a person enters the United States on a non-immigrant visa, e.g., a visitor’s visa, and marries an American citizen, the individual can remain in the United States and file to change or adjust his or her status to that of a lawful permanent resident (green card holder). Both parties would appear at a US Citizenship & Immigration Services (USCIS) office for an interview. At that time, the couple would be expected to prove the validity of the marriage – showing that they know information about each other and that they have commingled their assets and their debts.

Sometimes, couples have difficulty with their interview because they are not properly prepared. They take the interview for granted and treat it as a mere formality. They go in and find that they cannot answer questions about each other, etc. While you have not indicated why you were not successful with your marriage interview, it is important to know the reason. There are times when the greencard denial is because the couple lacked sufficient documentary evidence that they are living together and commingling their assets and debts, and other times, the denial is based on a claim of marriage fraud.

A denial based on marriage fraud is a permanent bar to obtaining any other immigration benefit unless a waiver is granted. You also did not indicate how you left the United States – whether you left within 30 days of the denial of your green card or were ordered removed; and whether by the time you left, you had overstayed your initial time in the country.

If you overstayed your visa in America, you would automatically be barred from returning for three to 10 years. Even if the mandatory bar had expired, the chances of your obtaining another non-immigrant visa are extremely slim because you were given a non-immigrant visa in the past and abused the privilege. You need to consult with an immigration lawyer to go over the specifics of your case in order to be properly directed. Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States and family, criminal, and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com