Legally entrance - overstayed of 3 years - get married with a U.S citizen : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

Dear Michael Boyle,

I have a friend that entered legally to the United States and overstayed around 3 years his status, he has his passport and his I-94, he is going to get married soon with a U.S Citizen, he loves the girl and it is going to be a real marriage, he is scared regarding deportation issue when he will have his babies with her and form their family.

I would like to know how is the best method in his case?

AFAIK, when he gets married with his fiancee, in order for him to become legally in U.S, he has to leaves United States, and her future wife within the U.S could apply to issue a waiver (immigration pardon) to reduce the bar saction and explain to immigration that for her will be extremely hard to live without him. Because he overstayed 3 years, the sanction is going to be 10 years beginning from his leaving date (it is called 10-years-bar (ban)). I would like to know is this is true in his case.

I am interested to know if it is better for him don't get married for possible deportation or get married and wait within the U.S until the inmigration law change in order for him to not be passing through the waiver process, because since september 11 attack, immigration has been very hard to have waivers approved, I am wondering, how long does the waiver take to be approved if the future wife argue properly about the situation?, because if she doesn't apply for a waiver, he has to wait in his native country 10 years in order to reentry to the United States.

I am looking forward to hearing back from you.


Jose P.

-- Jose Perez (, March 09, 2005

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