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What after the 10 years bar is served? Do I still need to file for an I-601?

New York, NY |

My fiancee lived in the us for some time, overstaying her visa, but she never came in without inspection (tourist visa) and she left on her own, no one remove her. She has no criminal record or anything of that sort. We met while she was here and have been friends for years, until a year ago that we developed a relationship and decided to get married in her country. She has been out of the states for more than 10 years, and has her passport stamps to prove it. What now? Do I still need to file an I-601, letter of hardship and so on? Thank you in advance for any helpful answer you can give me regarding this matter. We want to get married ASAP. Joshuah D

Attorney Answers 6


  1. No. Not on your facts. Petition for her.

    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.


  2. Nope. No need to file any sort of waiver, given that she remained outside the US for the last 10 years. All you need to do now is petition for her.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. No bar. Sponsor her.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  4. Include proofs from each of the past 10 years showing that she was not living in the USA


  5. Under these facts, no waiver is required. However, be prepared to show extensive evidence that she spent 10 years outside the U.S. to a consular officer. There is a tremendous amount of fraud in this type of situation where people claim that they have, but have no evidence to prove it.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  6. Present evidence proving that the 10 year period was spent outside of the United States. You can petition for her. You should, however, consider using an immigration lawyer to handle the petition to ensure that the process goes as smoothly as possible.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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