QUESTION

Overstayed tourist visa then left triggering 10 yr bar..

Asked on Oct 18th, 2014 on Immigration - Florida
More details to this question:
Overstayed tourist visa then left triggering 10 yr bar.. If I re-enter illegally into the us, then marry my gf(us citizen)- can my status be made legal?
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1 ANSWER

Immigration Law Attorney serving Azusa, CA
3 Awards
Hello,   You do not say how long you overstayed in the U.S before you left the country and triggered the unlawful presence bar. The unlawful presence bar requires you to stay outside of the U.S. for 3 years, if your overstay in the U.S. was from 180 days to one year, and up to 10 years if your overstay was more than one year, and you left the U.S. and tried to obtain a green card. You would only make your case more difficult if you tried to renter the country illegally, even if you married an American citizen. Depending on your immigration and criminal history you may be able to file for an unlawful presence waiver and it would be advisable for you to discuss your case details and future plans with an experienced immigration lawyer in your local city before you make any decisions. If you are granted this waiver, you would be able to return to the U.S. to join your spouse without  having to remain abroad for the three or ten years time frame. Good luck.   This information is of a general nature and is not, nor is it intended to be, legal advice. Please consult your immigration attorney with your specific case details for legal advice for your situation.
Answered on Oct 18th, 2014 at 3:02 PM

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