My wife came to U.S. first time in 2002 as she has a German passport so she didn't need a visa to travel to US under Visa Waiver(VWP) at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3(VWP)months and she over stayed for 2 years. After 2 years of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back after 4 months from Germany she was refused for the first time.
and they put this stamp: on her passport
Per 8 CFR 217.4(b)
Then she tried to enter second time on a fresh passport but she was refused again they wrote in her passport like this: with pen
8 CFR 217.4(a)(1)
I m US permanent Residen
Your spouse is subject to the 10 years bar because she overstayed on her VWP.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
You have a few different issues here. First, once your wife overstayed
her authorized stay using the visa waiver program she became no longer
eligible to use the visa waiver program. She must have a visa to return
to the United States. Second, since he overstayed by more than 1 year
she is inadmissible to the U.S. for 10 years from the date of her
departure. This period is waivable under very limited circumstances.
Third, depending upon what happened at the time your wife was refused
admission, CBP may have determined that she attempted to enter the U.S.
by fraud as she had already been refused admission before. This can
result in a finding of permanent inadmissibility.
In short, your wife has created a great mess for herself that will need
time to get resolved. The exact facts of her case are going to be very
important to get this matter successfully resolved. Consult with an
experienced immigration attorney who can review the case, advise you of
the options available, and recommend how best to proceed.
The biggest mistake people make is that they are not clear with the reasons why they wish to enter the US. Ask yourself first why you do not want your wife to be a permanent resident of the USA. If you do, the entering on a Visa Waiver Programs, which is meant for short trips only, is not the most appropriate manner of entering.
When your wife realized she was going to stay past the 3 months, she should have contacted an attorney, because now she faces a 10 year bar to reentry. This bar can be waived by the help of an experienced attorney who files an I-601 waiver of unlawful presence (for those seeking a permanent resident status.)
You should seek an attorney's assistance which may help you get permanent resident status for your wife.
PS For more information about i-601 waivers, visit www.swagatusa.com/educational-material
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