I am an active duty officer of the US Army, currently serving in Afghanistan. My girlfriend overstayed her tourist visa for more than 1 year and made the mistake of leaving the USA. Now she is banned to enter the US for the next 10 years. Will this 1996 ban still apply to her if I marry her? Can I go back to the US with her, if we get married outside of the US? how long is the wait? Thank you.
Criminal Defense Attorney
I have re-tagged your question for the immigration forum, as there are no military issues presented..
Law Office of Stephen P. Kelly (508) 983-1479--Criminal Defense, Military Law, Divorce & Family Law, Appeals. DISCLAIMER: Answers to posted questions are for general interest only and do not constitute legal advice. No attorney-client relationship is established by virtue of any answer posted by the attorney.
Unfortunately the 10 year inadmissibility bar for accruing unlawful presence in the USA is not waived by marrying a United States Citizen (unless she was still in the Country but you stated she left). If there are no other issues like deportation orders, criminal charges etc., you can file a petition through Consular Processing and will be required to file an I-601 waiver in order to return to the USA before 10 years. If she was actually deported then another waiver (I-212) needs to be filed.
The filing of waivers through Consular processing is complicated and you would have to prove that you will suffer extreme and unusual hardship if she is not allowed to enter the US.
It would be best to seek a consultation with an attorney (Skype, phone or email), or the Army may have an Attorney at Base that is versed in Immigration Law or you could call the USCIS military helpline 1-877-CIS-4MIL (1-877-247-4645).
Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.
You/she will need to marry and apply for a waiver. To do this correctly will require an attorney.
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Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.