My friend (married) has very recently lost her status, however her mother has filed an I-130 for her and her husband. I was told that if you over stay your status by more then 6 months, you would be barred from entering the US for the next 10 years, so I was wondering if the bar would still be into effect even if they approve your I-130?
First, she should speak to an attorney to fully evalaute her case and get all the information necessary. Once the I-130 is approved they would need to wait for immigrant visa to become available. The date of availability depends on her country of citizenship, relationship to the petitioner and date of filing. It is very complicated to explain with limited facts. Essentially yes she will have a bar but there are ways around it. She needs to speak to an attorney.
Jacqueline Delgado<p> www.delgado-law.com<p> 561.342.1429<p> This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
The filing of an I-130 does not stop the accrual of unlawful presence for purposes of the 3 and 10 year bars. Your friend should consult with an experienced immigration attorney for a review of her can and steps that can be taken to legalize she status.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
email: [email protected]
The I-130 has nothing to do with the 10 years bar. The I-130 is based solely on the qualifying relationship. If the 10 year bar applies to your friend, depends on when the visa becomes available and what immigration violations your friend committed. Good luck.
714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.
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