QUESTION
How do I get my boyfriend back to America?
Asked on Jun 12th, 2012 on Immigration - Colorado
More details to this question:
My boyfriend who came from France came to America and overstayed his visa exactly 1 year and 4 days, his visa was for only 3 months, he wasn't deported or anything. He wants to come back to America and I don't know what to tell him. I really need to find a way to get him back to America. What can I do and who should O talk to in order for this to work?
6 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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He needs the Waiver of the 10 year bar. Are you planning on marrying him?
Answered on Jun 29th, 2013 at 1:01 AM
Business Law Attorney serving Atlanta, GA
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Elkhalil Law, P.C.
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As a first step, consult with an immigration attorney. As to the overstay, because he overstayed more than one year, he is not eligible to come back for ten years. However, if you get married and file immediate family petition, he can file for a waiver and still immigrate to the U.S. If you do not want to get married now, you can file fiance visa and you have to marry within 90 days from his time of entry to the U.S.
Answered on Jun 21st, 2012 at 5:47 PM
He should not have left the US because now he is barred from reentry for a period of 10 years because of his overstay of more than a year. Unless he can get a waiver (and a waiver is only possible by showing of extreme hardship to a US citizen spouse), he will not be able to enter for 10 years.
Answered on Jun 21st, 2012 at 4:42 PM
Assault Attorney serving Richardson, TX
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Marriage is a possibility but because of the overstay he has a 10 year bar from reentry. He will need a waiver to return and he needs a qualified sponsor to be eligible.
Answered on Jun 20th, 2012 at 7:04 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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By overstaying his authorized stay, he is inadmissible and subject to the 3-year bar for having been unlawfully present in the US in excess of 6 months but less than 1 year. He will need to apply for a waiver of the inadmissibility on form I-601, but to qualify for the waiver he must prove extreme hardship to his wife or parents in the US. Thus, at a minimum you will need to get married and submit an I-130 petition on his behalf to get the process started.
Answered on Jun 20th, 2012 at 6:21 PM
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I recommend that you consult with an immigration attorney to understand your options. Your boyfriend is subject to a 10 year bar if he overstayed his authorized stay by more than one year. The waiver process is complicated and difficult to win. An attorney can help you understand that process.
Answered on Jun 20th, 2012 at 4:24 PM