Prior unlawful presence

[AbroadABROAD 0]

My husband previously overstayed his VISA in the US. Where can I read up on the rules related to prior unlawful presence? He has never been subject to deportation or other legal issues and we have been outside the US for number of years now if that makes a difference.

[I AM NOT THAT GUY 5,715]

Usually, you go ahead and file as normal. If the application is denied, then you file for a waiver.

http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[canadian_wife 1,823]

How long did he overstay and how long ago was it?

good luck

[AbroadABROAD 0]

How long did he overstay and how long ago was it?

good luck

It was over six years ago. I am mobile and not looking at my notes, but I think it was 13 months overstayed.

[newacct 688]

What status was he in that he overstayed?

[AbroadABROAD 0]

What status was he in that he overstayed?

B1/ B2 VISA

[Harpa Timsah 13,258]

If he overstayed 13 months then he has a 10 year ban. He has served 6 years of that ban but still has 4 years. You will need a waiver.

[AbroadABROAD 0]

If he overstayed 13 months then he has a 10 year ban. He has served 6 years of that ban but still has 4 years. You will need a waiver.

Does anyone know where I can read about that requirement online? We thought the ten year ban relates to persons who have been deported, but again, we are in learning mode here.

[Harpa Timsah 13,258]

Between 6 months and one year of unlawful presence (overstay) is a 3 year ban. Over 1 year is a 10 year ban.

(B) ¹³ ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States is inadmissible.

http://www.uscis.gov/portal/site/uscis/menuitem.f6da51a2342135be7e9d7a10e0dc91a0/?vgnextoid=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&vgnextchannel=fa7e539dc4bed010VgnVCM1000000ecd190aRCRD&CH=act

[KayDeeCee 4,893]

Does anyone know where I can read about that requirement online? We thought the ten year ban relates to persons who have been deported, but again, we are in learning mode here.

If he was over the age of 18 and overstayed for more than 365 days, then that is a 10 year ban. This site has good information on the waiver and how to file one > http://immigrate2us.net/forum/showthread.php?92654-Help!-My-foreign-spouse-or-fiance-is-was-present-in-the-US-illegally-What-do-I-do

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited July 25, 2013 by Jay-Kay

[AbroadABROAD 0]

Okay thank you both :for the text and the links. It appears we need to get saavy on what is involved with being eligible for a 601 waiver.