QUESTION
My fiance received a 10 year ban in sept 2005 when and how can we apply for readmission. We are now married and I desperately want to move back home.
Asked on Aug 05th, 2014 on Immigration - Iowa
More details to this question:
He was deported in 2005 for an over stay. we applied for waiver and fiance visa and were denied. I moved to Ireland to be with him and raise our daughter (born July 2005). His 10 years is up next year, and I want to know how soon we can apply for a spouse visa, I do understand it takes a very long time to get. I am a US citizen and have an ill 70 year old mother that I would desperately like to come home to help
2 ANSWERS
Immigration Attorney serving Omaha, NE
at
Curley Immigration Law, PC LLO
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Thank you for your question. If your husband was actually deported, and not allowed to voluntarily depart the U.S., and the only reason for his deportation was that he overstayed, he will have to wait 10 years from his departure to reapply at the embassy. Now that you are married, you can start the process by filing the I-130 with USCIS and then wait until the ten years have elapsed before applying at the embassy.
You should contact an experienced immigration attorney to review the facts of your case to make sure that no other obstacles lie ahead.
Good luck!
Answered on Aug 05th, 2014 at 1:50 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hi. If he was deported only for overstaying, we can file the new case now. He can/will process at the Embassy about 9-12 months after the case is filed and thus be passed his 10 years. Please let me know if you would like further assistance. Harun@ksvisalaw.com or 858-874-0711.
Answered on Aug 05th, 2014 at 1:26 PM