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  1. #1
    Join Date
    Sep 2010
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    19,901

    Default Re: Returning to the U.S. Based on Marriage After a Long-Term Overstay

    Four years illegal presence (presumably you were over 18) is enough to trigger the ten year bar. Applying for a green card if you qualify is "current" (i.e. only moderately slow). Yes, they will tell you why (the fact you were subject to a ten year bar due to prolonged illegal presence would be it). You can apply for a waiver to the time bar. Getting decisions on waivers of inadmissibility is running 20+ months right now.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Returning to the U.S. Based on Marriage After a Long-Term Overstay

    But the grounds for the waiver would be... what?

    This: "even during that time I entered the U.S. legally with a visa", is interesting. If you overstayed on a F1 visa, with your I-94 stamped "D/S", you may not have triggered the ten year ban - that would explain the subsequent successful entry.

  3. #3

    Default Re: Returning to the U.S. Based on Marriage After a Long-Term Overstay

    Quote Quoting flyingron
    View Post
    Four years illegal presence (presumably you were over 18) is enough to trigger the ten year bar. Applying for a green card if you qualify is "current" (i.e. only moderately slow). Yes, they will tell you why (the fact you were subject to a ten year bar due to prolonged illegal presence would be it). You can apply for a waiver to the time bar. Getting decisions on waivers of inadmissibility is running 20+ months right now.
    Thanks for the quick response!

    Should I apply for green card first ? - since I will get marry with my gf who is a U.S. citizen?

    Do you know how long would they reject my green card application becuz of the 10 yrs bar? Would they make this decision in a just few months?

    Or should I apply for the waiver of inadmissibility first and then see if they approve, and once they approve then I'll start filing the green card application?

    Also are you saying that the whole process of the waivers of inadmissibility would take up to 20 months or more?

    One last question is that do you think my gf should return to the U.S. now and look for jobs instead of looking for jobs in Taiwan? Would it be better working in the states since "if" they really gonna approve my application, this shows that my gf/ future wife is having a stable job in the U.S. already so that she could financially support me when I go to the U.S. and that I won't be a public charge?

    Thanks a lot!!! =)

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Returning to the U.S. Based on Marriage After a Long-Term Overstay

    Apply for the green card first unless you've already told you're inadmissible.
    Your green card will be conditional for two years on your marriage.
    Info here:
    http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

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