Can I file I-130 for my husband who overstayed his visa

[jenscm0 0]

I am a native U.S. Citizen. My husband entered the United States legally on a work visa in late 2000s. He overstayed his visa by almost three years. During that time we got married. He has now returned to his home country, which I am now realizing was a mistake because of the 10 year ban. Financial circumstances prevented us from hiring a laywer to adjust his legal status in the United States after our wedding and before he returned to his home country. Our financial circumstances have resolved themselves and I will be retaining a laywer soon to handle this situation, but I am looking for advise from others. Since he overstayed his visa and left the country does that mean that I cannot file a I-130 to bring him back to the United States? What are the chances that he could come back to the U.S. legally without having to wait 10 years?

Edited March 18, 2014 by jenscm0

[Harpa Timsah 13,258]

You can file I-130 and pursue the visa. he will be denied at the interview for the overstay. Then you can submit a waiver. I think you'll need the I-601 waiver.

[jenscm0 0]

Thank you for your comments. In order for a I-601 waiver to be accepted would we need to show extreme circumstances, such as health issues, as the grounds for me needing him to come back to the United States? From the documents I have reviewed it appers that we would need to show extreme hardship if my husband were denied admission. Is that correct? How flexible is Homeland Security on "extreme hardship"?

Edited March 18, 2014 by jenscm0

[Harpa Timsah 13,258]

A waiver is something you would do with a lawyer, someone who specializes in waivers. That person would know the drill.