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Options for a Visa After Illegal Entry and Stay

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  • 01-29-2010, 05:13 PM
    elizabethm
    Options for a Visa After Illegal Entry and Stay
    I am a US citizen and have recently married (in Mexico) my Mexican boyfriend of 2 years. I will very shortly be returning to the US. My question is what are our options regarding obtaining a Visa for my husband. The problem is he for 2 years lived in the US illegally. He ha not understood much of immigration laws when he arrived and used his real name to work and also to insure cars and once for a court apperance (charges we dismissed) Will he be able to apply for a visa or will the 3-10 yr ban also apply to him? If so what are our options?
  • 01-30-2010, 10:29 AM
    LawResearcherMissy
    Re: Options for a Visa After Illegal Entry and Stay
    You really need to discuss your situation with a qualified immigration attorney.

    Had he entered the country legally, you would have only needed to file the I-130 and I-485 on his behalf to adjust his status and get the green card process rolling.

    How long ago did he live here illegally? Under what circumstances did he return to his homeland? Was he deported? Was he threatened with deportation and returned voluntarily? Or did he just head back home without any prodding?

    Since he overstayed for more than 180 days, he triggered the 10 year ban.
  • 01-30-2010, 12:35 PM
    elizabethm
    Re: Options for a Visa After Illegal Entry and Stay
    he returned to Mexico to visit family this past July. He has never been deported or had any enconters with US immigration.
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