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I am a US citizen and I have an approved i130 for my husband!
Anonymous2 views4 answers
He is an illegal immigrant, I'm afraid if we go back a bar of 10+ will be imposed, is there anyway that I can file for adjustment of status while staying in US?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No, no way, unless can prove that he was "waived through" the USA border at a port of entry as a passenger in a vehicle or in a crib in the rear seat of a vehicle, or even hidden in the trunk. Speak with an attorney in private if any of these facts apply to your husband's arrival in the USA.
The 3/10 year reentry bar is the provision of immigration law which bar foreign nationals from returning to the U.S. if they have overstayed their authorized stay for more than 180 days. The three-year bar attaches when someone "voluntarily departs the United States" without removal proceedings after unlawful presence of more than 180 days and less than a year. The ten-year bar begins to run at the time of departure, if the unlawful presence reaches a year.
The ground of unlawful presence inadmissibility may be waived if the immigrant visa applicant is the spouse, fiancé(e), son, or daughter of a U.S. citizen or the spouse, son, or daughter of a of a U.S. legal permanent resident and the applicant can prove that refusal of his or her admission to the United States would result in "extreme hardship" to such U.S. citizen spouse, fiance, or parent or U.S. legal permanent resident spouse or parent.
This is a very complex area of immigration law. You should contact an attorney to evaluate your case.
Contact a Maryland immigration lawyer to discuss your case. Even though you and your daughter are healthy, there may be other factors to prove extreme hardship in order to qualify for the waiver.