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Can I get a tourist/student visa after overstay in USA?

Business 3 views 2 answers
I overstayed in USA(more the 1 year) before I got married to an USA citizen. That relationship (4 years and no green card) didn't work out (he was drunk all the time, to get things worse I got pregnant of my ex boyfriend and had a son). I decided to come back to Brazil (jun2009), so I filled out for my divorce and left USA. Later I received a letter saying that my I485 was denied (I think USCIS got the divorce papers from CA court) but not deportation mentioned on that letter. The father of my son decided to came with us. Now we are married and we are a family.Can we apply for a visitor/student visa and get a waiver for overstayed?We want to show where our son was born and maybe Iater I will finish my graduating in nursing school in usa or do a master after my graduation. It's possible?

Attorney Answers

2
Veronica TunitskyImmigration AttorneyHouston, TX ·
This is certainly complex. At a minimum, you have a 10-year bar for unlawful presence that needs to be waived either through a family petition and a showing of extreme hardship to a qualifying relative (USC or lpr spouse or parent) or through a non-immigrant waiver as part of a non-immigrant visa. What options are available to you depend on facts and those should be explored with an attorney. Also, you might want to have a definitive knowledge about the denial of the I-485 to make sure there aren't any red flags to contend with on that end. A FOIA request for your file would produce those results. Feel free to contact me if you'd like to schedule a telephone consultation.
0 upvotes
Pius Joseph ·
Your facts are unclear. If your boyfriend is a U.S Citizen he may file a Petition if you are married with hime. However,you will have to seek a waiver( 1-601) and will have a lot of explanation to do and show extreme hardship to the spouse and child. I doubt if you will be let back in just based on your U.S born child. Your matters have become more complicated by your leaving the U.S. In any event,you need to consult an immigration attorney for more specific advice.
0 upvotes

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