QUESTION
Is it possible to waive the fact that I overstayed in the U.S by 10 months due to pregnancy sickness?
Asked on Jun 12th, 2012 on Immigration - California
More details to this question:
Is it possible to waive the fact that I overstayed in the U.S by 10 months due to pregnancy sickness and the inability to leave safely? Even if I bought the ticket to leave but just couldn't? And would it help if I'm married to a U.S citizen?
8 ANSWERS
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
Update Your Profile
How did you enter the U.S?
Answered on Jun 14th, 2013 at 1:07 AM
Business Law Attorney serving Atlanta, GA
at
Elkhalil Law, P.C.
Update Your Profile
Because you overstayed your visa, you will need to file for a waiver if you are outside of the U.S. In your case and based on the facts that you presented, I do not think you will have a problem getting your waiver approved considering your situation and the supporting documents that you will need to provide with your waiver request.
Answered on Jun 21st, 2012 at 5:48 PM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
Update Your Profile
If you do not leave the US, you do not have the 3 year/10 year bar. If you leave the US, you may be subject to the bar. You may ask for waiver. But the waiver will be decided on if your inadmissibility would cause extreme hardship to your qualified relatives, not because you were pregnant in the US for more than 10 months.
Answered on Jun 20th, 2012 at 8:46 PM
Generally, someone who entered the U.S. lawfully and with inspection, and then becomes married to a U.S. Citizen, may apply to "adjust status" in the U.S. to become a Lawful Permanent Resident (to get a "Green Card"), and this is true regardless of whether she may have overstayed her visa for 10 months or even much longer, and regardless of whether or not the overstay was justifiable. There are other factors that address eligibility, however, and it would be wise to engage an immigration attorney to represent you and your U.S. Citizen spouse in the adjustment of status process.
Answered on Jun 20th, 2012 at 8:12 PM
Assault Attorney serving Richardson, TX
2 Awards
Since you entered with a visa, you can adjust your status in the U.S. and solve the problem of the overstay.
Answered on Jun 20th, 2012 at 6:53 PM
Immigration Attorney serving Arlington, TX
at
Law Office of Pho Ethan Tran, PLLC
Update Your Profile
If you are married to a US citizen and entered the US legally (even if you are now out of status), you can apply for and get your residency within 4-6 months without having to leave the US.
Answered on Jun 20th, 2012 at 5:57 PM
A bona fide marriage to a U.S. citizen would allow you to apply for permanent resident status if you entered the country lawfully. You should discuss your situation with an immigration attorney.
Answered on Jun 20th, 2012 at 5:28 PM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
If you marry a US citizen you can apply for your green card without the need for a waiver. Three months later you could travel on the green card without the need for any waivers. I would recommend filing for your green card before travelling. If you get your green card, then no waivers apply. You are good to travel eventhough you overstayed in the past.
Answered on Jun 20th, 2012 at 5:27 PM