Skip to main content

Can someone who overstayed before moving back to her country, return to US to visit or marry?

Bellevue, WA |

My girlfriend overstayed when visiting 5 years ago. She was naive and was tricked by a bad person into overstaying without knowing the processes. She believed she was staying as a student as she started attending school, but she didn't receive a student visa after stupidly handing over "application fees". She returned to South Korea on her own, 3 years after her travel visa expired. We want to get married but I can't move to Korea due to a lack of employment options. I've established my career here in the US and can even provide for both of us if necessary. We're getting older now so need to have children soon and we want them to be US citizens. Is there any way to get her into the US? Is there a chance that she isn't even barred? Can we check if she even has a 10 year bar?

Attorney Answers 6

Posted

She is subject of a ten year bar under the timelines you cited. I think you need to visit a local immigration counsel of your choice to develop a workable plan to initiate the desired acts of marriage and AOS.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

Mark as helpful

7 lawyers agree

Posted

Your fiancee definitely has a ten year ban on lawful reentry under 212(a)(9)(B) based on the facts you described. You wll need a waiver before she can enter the country again. You should consult with a qualified immigration attorney on how best to proceed. You can easily find qualified immigration lawyers using www.aila.org to do a search, and you can narrow your search by selecting those with experience in waivers. AILA is the American Immigration Lawyers Association and any immigration lawyer worth his or her salt is a member of this organization. Best of luck to you.

Mark as helpful

7 lawyers agree

Posted

Possibly. You NEED to have a consultation with an experienced immigration attorney. AVVO is not an answer to your prayers. An experienced immigration attorney might be.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

10 lawyers agree

Posted

If she overstayed by over 365 days she is subject to the bar. You could apply for a fiancé visa and apply for the unlawful presence waiver.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Mark as helpful

5 lawyers agree

Posted

Once she overstayed her tourist visa, she was already barred for ten years. The bar starts at the time she leaves the country, and therefore, she would not be able to apply for ten years after she left the US, unless she seeks a waiver. Once granted an interview, the chances of immigration not knowing when she departed is slim since she will have to be honest during the consular interview, otherwise, she can be charged with immigration fraud which carries significant penalties. I suggest you speak with an immigration attorney in order to explore your options.

Mark as helpful

1 lawyer agrees

Posted

Since you sincerely want to get married, anyway, she may be eligible to apply for a waiver of the ten year bar if she can show it would cause extreme hardship to you as her U.S. citizen spouse if they don't grant her the visa.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

Mark as helpful

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics