Old illegal entry

[paradise.71 0]

Good day. I am getting ready to put our I-129F and all the paperwork that goes with the K1 visa application in the mail to Vermont in the next couple of days, and I have a question, if someone could answer it please.

My fiance was in the U.S. illegally from 10-89 to 3-91. She was not deported, she went back of her own accord, and has not reentered the U.S. since.

My question is, what is the time limit on this? Are we going to have to submit a wavier? This has been nearly 20 years ago, I would think that there would be a time limit on this. Anyone? Thanks in advance,

Bryan

[VanessaTony 3,567]

Good day. I am getting ready to put our I-129F and all the paperwork that goes with the K1 visa application in the mail to Vermont in the next couple of days, and I have a question, if someone could answer it please.

My fiance was in the U.S. illegally from 10-89 to 3-91. She was not deported, she went back of her own accord, and has not reentered the U.S. since.

My question is, what is the time limit on this? Are we going to have to submit a wavier? This has been nearly 20 years ago, I would think that there would be a time limit on this. Anyone? Thanks in advance,

Bryan

Stays longer than 1 year without a visa incur a 10 year ban, which can be waived. In your fiancee's case she has exceeded this. I don't know whether there's a specific spot for it, but she would need to be honest about it. So, in short. She should be fine, but she must mention it if there's a spot for it, or if asked.

Edited January 28, 2010 by Vanessa&Tony

[paradise.71 0]

Stays longer than 1 year without a visa incur a 10 year ban, which can be waived. In your fiancee's case she has exceeded this. I don't know whether there's a specific spot for it, but she would need to be honest about it. So, in short. She should be fine, but she must mention it if there's a spot for it, or if asked.

Ok. Thanks. I hope they will let it slide since it has been so long. This is the only thing that is worrying me about the entire process. Perhaps when we go to CDC for the interview, we should expect to file a wavier. One of the questions on the I-129F is has applicant been in the U.S. before, to which I answered yes, but I did not give any explanation.

Maria was kidnapped in TJ while there teaching a secretarial course. She negotiated a release w/her captors through a friend in Calif. that agreed to pay the ransom if they would bring her here. They agreed, put her in the trunk and took her to Ca. At that point she went to work to pay off the ransom, and when it was paid, she returned voluntarily(sp?), and has not been back in the U.S. since that time. I would hate to thing that after all the time that has passed by, there would be a 10 year ban on her entrance.

Thanks for the reply, and if anyone else has anything to add, please do so. The more information I have, the better prepared I will be. TIA

Bryan

[JimVaPhuong 4,863]

Any ban would have started the day she left the US. If a 10 year ban applies, then it would have expired already.

You may have another problem, however. Working in the US without authorization has it's own set of penalties. In some cases, it can be impossible to successfully adjust status.

You should consult with an immigration lawyer.