QUESTION
Can I go back and marry my girlfriend or am I barred for 10 years to enter the U.S.?
Asked on Dec 10th, 2013 on Immigration - Texas
More details to this question:
I came to U.S.A on Sept. 15 2007. Then I overstayed and got arrested because of overstaying. I paid a bond of $5k to be released from jail. I got married then hired a lawyer to get a green card. My petition got declined by the immigration. I think it got declined somewhere on August to September of 2011. Then I filed a divorce. On September 2, 2011, I just bought a plane ticket and went back to my country (Philippines). Now, I have a girlfriend who is living in U.S.A. We wanted to get married. My question is Am I barred for 10 years to enter the U.S. or will I be allowed to marry my girlfriend so I can apply for a permanent residency status again.
2 ANSWERS
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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Yes you are, you will have to file waiver to enter the USA as an immigrant.
Answered on Dec 16th, 2013 at 6:36 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You can apply for re-admission to the United States based on your marriage to a U.S. citizen or resident. But since you overstayed by more than 1 year, you are barred from returning for 10 years unless you apply for and get approved an I-601 waiver based on extreme hardship to your spouse. To get the process started, your future spouse must submit an I-130 petition on your behalf.
Answered on Dec 12th, 2013 at 7:24 PM