Returning to Korea while going through employment-based green card immigration
Hello. I currently only have I-140 filed and am waiting, and I’m unable to maintain status while going through employment-based green card immigration — I’d like to know what would happen if I return to Korea.
Afterward, if a period of unlawful presence results, can I re-enter through a waiver?
Also, I’m simultaneously planning to marry a citizen — in this case, would I still be able to pursue a green card even if this filing gets denied?
If your status has gone unmaintained for more than 6 months and results in a denial, you’d have to overcome the major hurdle of an inadmissibility waiver. Realistically, this isn’t easy. Rather than going to Korea, we recommend instead pursuing a green card through marriage while still in the U.S.