Hello everybody, I am going to need some advice about my case. I came to the states in 1999 in a work visa. After that I got married to an American citizen and in June 2001 I filed for adjustment of status, I got my work permit renewed twice but I was never called for an interview due to all the changes that took place at that time ( Sept 11th, Mergence of INS and Homeland security into one and all the delays these had entailed as you all know) Anyways, my marriage took a different path right after Sept 11th, The fact that I am originated from a Muslim country has made me subject to my husband and his mom’s constant verbal abuse. That has affected me so badly and I couldn’t stand it. I filed for divorce and left the states the same week I got it. Now I intend to apply for a student visa from my country and go back to finish my degree since I only have two semesters left to get my Masters. The question that I would like to get an answer for is whether I would be allowed into the US again knowing that I had a pending case when I left? Please if you know of a similar case let me know because I don’t know what to do.

wow, this is a tough one, but did you get advance parole before you left or did you just leave?

What was your legal status when you left the US?

I'm assuming that the application for a greencard was considered abandoned when you left the US.
If you were not called for an interview then you were just pending.
The visa that you came in to the US on orignally? Was that still valid when you left the US or had it expired?
The reason I ask is if it expired then you would have been out of status and would face all the bans that occur when leaving the US when visa has expired.
Thats for starters

Thats the same thing I wanted to say, but I wanted more facts first.

I think leaving the US before your petition was adjudicated was a BIG MISTAKE and especially so if no advance parole was sought.

The OP is free to apply for another student visa. When she left the U.S. (without advance parole), her pending AOS would be considered abandoned. Thus, she has no further pending USCIS issues. Apply for the student visa so you can complete your education. Good luck.

P.S. The status of her visa that she originally came in on is irrevelant if she filed to adjust status. The only issue that might arise is if she was out of status when she got married. If so, it would have most likely been forgiven when she adjusted but it won't be forgiven if she abandoned her adjustment. So, the only real issue is whether the OP was out of status BEFORE marriage (not after).

Thank you all for your quick replies, to answer your question John doe I have always maintained a legal status in the country, and because I am not really fond of the INS and wouldn't wonna get them on my way I left right after I got my divorce even with my work permit still valid for few more months. I guess as you said my case is so complicated so in other words all these years are gone down the drain without anything to show for ... but that is Ok life goes on and I will survive!

Yes, life does go on. Apply for a student visa and finish your education. Obtaining your Masters will be something to be proud of. You certainly WILL have something to show for all of these years. Make the most of them. Good luck.

Thank you