Can the 1996 reentry ban be waived if a person marries a US citizen who is active duty in the military?

Asked about 2 years ago - Kent, WA

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.

Attorney answers (4)

  1. William Emil Cassara

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . I think your question would be better addressed to an Immigration forum. I am not sure many military law attorneys would know the answer to this.

  2. Stephen P. Kelly

    Contributor Level 13

    4

    Lawyers agree

    Answered . 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.... more
  3. Javier E Morales

    Contributor Level 14

    4

    Lawyers agree

    Answered . 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... more
  4. Nicklaus James Misiti

    Contributor Level 19

    4

    Lawyers agree

    Answered . You/she will need to marry and apply for a waiver. To do this correctly will require an attorney.
    Regards,
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more

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