QUESTION
Can my wife be banned from the USA because she over stayed her visit on a Police Record, not a visa?
Asked on Jun 12th, 2012 on Immigration - Texas
More details to this question:
Can my wife be banned from the USA because she over stayed her visit on a Police Record, not a visa?
4 ANSWERS
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
How did she enter the U.S.?
Answered on Jun 29th, 2013 at 1:14 AM
Business Law Attorney serving Atlanta, GA
at
Elkhalil Law, P.C.
Update Your Profile
Your question is not clear. If your wife overstayed her visa, she will have problem obtaining a new non-immigrant visa. If she has a visa and attempts to re-enter, she may have problem at the port of entry. If she is applying for an immigrant visa, she would need a waiver; depends on how long she overstayed her visa. I am not clear about the police issue!
Answered on Jun 21st, 2012 at 4:39 PM
Assault Attorney serving Richardson, TX
2 Awards
If you are a citizen, you can solve the problem if her entry into the U.S. was legal and she does not have a criminal record.
Answered on Jun 20th, 2012 at 6:55 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
If your wife overstayed her authorization by at least 6 months, she could be subject to what's called the 3- or 10-year bar for unlawful presence. In such a case, she will be deemed inadmissible due to her past immigration violation but she can file for a waiver of the inadmissibility on Form I-601 by proving extreme hardship to you or her parents.
Answered on Jun 20th, 2012 at 5:58 PM