What to do if my husband overstayed his visa for a little over a year when he was here in the US?

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What to do if my husband overstayed his visa for a little over a year when he was here in the US?

He left and is now in Portugal. It’s been a year that we have been apart and I’m aware that he could possible be banned for 10 years. I’m a US citizen and I fear that if I was to find out he was banned aftering getting denied a K3 visa and I applied for a hardship waiver, that our case would not be strong, since we have no kids nor suffer any illness. Is there anything I can do to help bring my husband here sooner or is my case hopeless?

Asked on October 17, 2012 under Immigration Law, Texas

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 years ago | Contributor

Hello. It appears that he will be subject to the bar and the only option is the I-601 waiver after the I-130 is processed. You can also show financial hardship and country conditions.


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