Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Feb 2010
    Posts
    2

    Default Pardon Eligibility for Over Staying Visa and DV

    my Mexican boyfriend/fiance unknowingly over stayed his visa back in 2003 and while incarcerated received a letter from INS re: the issue, he ended up going to immigration court and took the voluntary deportation actually leaving the country in 04

    he has a son that is a US citizen, the sons mother (x wife whom originally petitioned for him while they were married) needs help from him both to raise the child and financially, she thus agreed to help him fix his papers again for the benefit of the child

    their divorce posted in 2007

    he is currently trying to get his visa to come back to the US, in his last appointment he was told he needs a pardon for the over staying of the visa and for a domestic violence (i believe is a misdemeanor?) case he had against the wife in 2001

    - what are the chances of him actually getting the pardons?
    - do those 5 or 10 yr bans apply to these items? if so, is there any way around those?
    - since they are divorced should i file the k1 for him or should he continue to work on the paperwork that's already in the process with her being the petitioner (he doesn't want it to seem like a lie and get denied since they are divorced, but the lawyer said it would take longer if i were to refile the k1 for him..he said we can change that later after he got his visa?)

    the lawyer seems knowledgeable and experienced but with all the cases i read on here about pardons and bans i cant help but worry so i just want to make sure were not being taken advantage of..

    thanks in advance for taking the time to review this, any help is appreciated!!

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

    Default Re: Pardon Eligibility for Over Staying Visa and DV

    Are you talking about a waiver? I take it, then, his overstay was more than a year in duration?

  3. #3
    Join Date
    Feb 2010
    Posts
    2

    Default Re: Pardon Eligibility for Over Staying Visa and DV

    am sorry i dont know if it was a waiver, he stated pardon. i also dont know if it was more than a year in duration, i dont believe it was, i will follow up and repost.

    1. Sponsored Links
       

Similar Threads

  1. Visa Waiver Eligibility Afer Visa Denial
    By mccheito in forum Immigration Issues
    Replies: 2
    Last Post: 06-14-2010, 11:06 AM
  2. J Visas: J1 Visa - Staying in the U.S.
    By Jack3 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 11-02-2008, 09:38 PM
  3. H Visas: H1B Portability Eligibility from an L1 Visa
    By mgfms in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 10-31-2008, 07:30 AM
  4. H Visas: Chances of Staying after Expiration of an H3 Visa
    By bundeskanzlerkohl in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 04-20-2007, 01:09 PM
  5. Criminal Law Issues: CIMT and Visa Eligibility
    By Mixedmc in forum Immigration Issues
    Replies: 1
    Last Post: 01-25-2007, 01:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources