She overstayed her J1 visa for over 14 years. Also, she has I-94 card with Duration of Status (i.e. D/S). However, she was out of the exchange program for many years.
While she was in USA about 13 years ago, she applied for J1 visa waver with "no objection from home country" and received a letter from USCIS requesting her to submit an application for adjustment status. Unfortunately, she never applied for adjustment status.
After 14 years , she decided on her own to leave the country. She has been out of the country for over a year, but wants to come back to USA .
So, I'd like to apply a family sponsorship for her. We have been married for a long time and have children together. Also, I am a green card holder. Would you please advise for any potential issue with her case ?According to Department of Statement documents, Alien admitted for D/S, violates status: not subject to 222(g) unless INS or Immigration Judge has found status violation http://www.state.gov/documents/organization/87120.pdf http://www.americanlaw.com/051296.html Would you please advise if this is applicable to her case ?
Your case cannot be adequately addressed on this forum because it involves several complicated issues. You need to do a one-on one discussion with an immigration lawyer.
One issue is that she overstayed for more than 1 year and triggered a 10 year bar from returning. It may be possible to get a waiver but you have a real mess on your hands. If you want any chance of resolving this anytime soon, speak with and retain an immigration 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.
Your question is too complex and case specific for it to be answered meaningfully on Avvo.
You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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