QUESTION
If one is deported from another country for overstaying a visa, can they come to US on a spousal visa?
Asked on Aug 12th, 2012 on Immigration - New York
More details to this question:
My spouse is from Syria. I am from the US. My spouse over-stayed his visa in another country (almost 3 years ago). He left, went to Syria briefly and moved to a different country in the Middle East (non-Syria)...where we met and married. I have since, returned to the US...and now we are trying to figure out how to process this visa. Question #1...since he left because he overstayed his visa, he is considered "deported", correct? Question#2...how will this impact his spousal visa application? I know he can file a waiver/petition for this deportation, but what is the likeliness of it being approved? We don't want to pay if our chances of him getting him home with us are below 99.7%. Question #3: Prefaced with this...my spouse did not serve in the military in his home-country....frowned upon but he payed an approved waiver fee to opt out. Now that things are in turmoil, rules may have changedas the govt. wants more soldiers. Are criminal records requested form all places visited or just the place you live now? Should we move forward with this, or should I look for another job in a country where we can be together...?
5 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Deportation or exclusion from another country is not a ground of inadmissibility in and of itself in the U.S.
Answered on Aug 27th, 2012 at 1:11 PM
Rebecca T White
I am not clear if your spouse overstayed a visa while in the US or not. If he was not in the US, it will not impact his immigrant visa petition. From what you have described if the two of you wish to live in the US you should move forward with the immigrant visa petition.
Answered on Aug 23rd, 2012 at 3:30 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Your husband's immigration history in another country will not affect his quest for residency in the US, unless he committed a crime in that country for which a waiver is necessary. Criminal clearances are required from every location in which your husband lived for at least 6 months. Based on the information given, you should be able to move forward with an immigrant petition for your husband.
Answered on Aug 23rd, 2012 at 3:28 PM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If your spouse was not deported from the US, he will not need a waiver to enter the US because of that issue. I'm not sure if it will be a factor in approving or denying the visa. He will eventually need criminal histories from all places where he lived for more than 6 months.
Answered on Aug 23rd, 2012 at 3:26 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
Firstly overstaying his visa in another country has no adverse implications in the United Sates, in his spousal visa will not be impacted and his failure to serve in the military in his own country will not affect him.
Answered on Aug 23rd, 2012 at 2:30 PM