QUESTION

Will my future wife have problems getting a green card if she overstayed a previous visa?

Asked on May 04th, 2013 on Immigration - New Jersey
More details to this question:
I will marry my Peruvian fiancee in 2 weeks in Peru. She previously overstayed a visa by about 1 year, and then voluntarily returned to Peru about 8 years ago. Do you think that she has a good chance of getting a green card? or will the government likely reject her?
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
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The bar for overstaying most visas for one year or more is 10 years. You say that she overstayed by about one year. If less than one year, she was only barred for 3 years and would be eligible to immigrate. If her overstay was a year or more, that would be more troublesome. Assuming that situation -  as your fiancée has already returned to Peru for eight years, she can either wait that period of time before appearing for interview at the American Embassy or she can appear before that time and also request a waiver of the bar. I note that the waiver would be based upon extreme hardship to you. In submitting a petition for your fiancée, you can of course submit at any time, and the ten year bar issue would only arise when she is interviewed for the K-1 visa. Due to the limitations of the lawyers.com forums, Alan Lee, Esq.’s (the firm) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting the question. No attorney/client relationship is or shall be construed to be created hereby. The information provided herein by the firm is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice, nor as the basis for making any decisions of legal consequence.  
Answered on May 28th, 2013 at 4:35 PM

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Immigration and Naturalization Attorney serving Brooklyn, NY at Law Offices of Alice Antonovsky, PLLC
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Based on what you said, it sounds like she is subject to abar and will need a waiver in order to be able to get the green card. This is fairly complicated and I suggest you meet with a competent immigration attorney who will be able to assess your situation and give you specific advice tailored to your situation.  Good Luck. 
Answered on May 06th, 2013 at 4:24 PM

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