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  1. #1
    Join Date
    Nov 2008
    Location
    Arizona
    Posts
    1

    Default Chances of Waiver After Overstay

    My boyfriend is currently in deportation proceedings; his trial is in December. My parents forbid me from marrying him until I graduate, which will be in about a year and a half, but I know he'll be gone by then. He has been in this country over 10 years, so I know that he'll have the 10-yr ban. My parents want me to let him go back to Mexico and then after I graduate, try to get him a fiancee visa or else go there and marry him and then petition as a spouse. What do you think the chances are of him getting a waiver? He's never committed a crime, has a job and goes to school.

  2. #2
    Join Date
    Nov 2008
    Location
    Bloomfield, New Jersey
    Posts
    21

    Default Re: Chances of Waiver After Overstay

    If he has in the US for over ten (10) years at the point in which he was served with the Notice to Appear, have him apply for Cancellation of Removal (240A). It's a long-shot, only 4,000 per year are granted but nothing lost.

    I agree with your parents, let him request for a voluntary departure, no ten (10) year ban, and then apply for a fiance visa. It's easier to apply over-seas than in the US.

    Good luck.

  3. #3
    Join Date
    Nov 2008
    Posts
    5

    Default Re: Chances of Waiver After Overstay

    njlawyer, do you mean when a person requests for a voluntary departure, the 10yr ban will not take effect?

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