3 year or 10 year ban?

[Michell 3]

Hi Everyone,

I am the US citizen petitioning my husband. My husband is currently in Mexico. We met here in the US while he was visiting on a tourist visa. He would travel back and forth and he would stay until her I-94 (6months) would almost expire and leave back to Mexico. He would stay a few days, weeks and return to the U.S. again with a I-94 permit all the time. On his last trip he max out his I-94 permit and return to Mexico 1 day after it expired. When he tried to return to the US his tourist visa was cancelled due to having reasons to believe he was living here. He has been in Mexico since November 2011.

We married in 2012 and since then i have petition a CR1 visa for him. We are currently in packet 3 stage.

My question is would he have a 3 or 10 year ban based on multiple entries. He only overstayed by 1 day and it was the last I-94 he received.

Would he be eligible for a waiver?

Any information would be helpful. I'm feeling a little nervous as we are moving closer towards an interview date.

Thank you.

[aaron2020 11,651]

He does not have any ban. So, he does not need a waiver.

He has 1 day of unlawful presence.

1 - 179 days of UP = no ban

180 days - 1 year of UP = 3 years ban

More than 1 year of UP = 10 years ban

Edited June 3, 2013 by aaron2020

[TimeTravel 78]

Up to 180 days overstay, there is no ban.

[Michell 3]

Would there be any chance he be denied due to the fact he was more in the U.S. than in his hometown in Mexico? I also forgot to mention he was working and getting paid cash helping a friend. The documents he was given at the border stated he admitted to this. He will probably need a waiver for this, right?

Thank you for your replies.

[Tygrys 143]

No, he doesn't need any waiver.

[ShirahBet 42]

There might be a fraud issue because of the working, but not an overstay issue. I think it's worth the $100 to consult with a lawyer just so you can be prepared for any outcome.