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With the marriage of a citizen to an illegal alien what is the hardship the person would endure to waive the 10-year-bar?

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I would love to know myself. I am in a similar situation. I have spoken to an attorney. I will tell you my situation and hopefully it will be of some help to you. I am in love with an 'illegal alien' that has overstayed his visa in the United States. We are very close to getting engaged....I thought as a US Citizen it would be no problem, but being that he overstayed his 'visa' - its a lot tougher than I thought.
My attorney advised us NOT to leave the country. But if we do leave the country and head over to his country to do 'our papers' then he can face the possibility of getting a 10-year ban from entering the US. At that point, me 'as the spouse' would have to file a petition of waiver (that can take up to 6-12mos). Even after they review my petition the US Embassy might not grant the 'waiver' and I would have to reapply. So the burden we would have to face is of 2 things: Either I would have to be stuck in his country until he finally is permitted 'legally' back into the US; so not only would I be leaving my family, I would be leaving my job, and I would be in a 3rd world country of poverty.
Or I would have to face the burden of me going back to the US without him until everything is resolved. The point of us being married is to be together not apart. Its tough! It is not easy!
My attorney, however, has advised us to wait for the 'laws' to change. Hopefully you are keeping up with the news because President Bush has submitted a proposal for illegal aliens that are here in the US. Hopefully this proposal will be passed before election of Nov. 2004; if not we will have to wait til after election, but either way there will be new laws on the way for illegal aliens; so we may not have to face any 10-year bans!
Hopefully this has helped you!
  • I have spoken with a lawyer also, and he is an immigration attorney for illegal aliens. He told me that my husband will be able to return to the US in 1 to 1 1/2 years after applying for a visa. You do have to get a waiver to remove the ban, but my understanding is that the ban is however long the illegal alien was in the US illegally. Ex. My husband was here 4 1/2 years illegally, so they would ban him for 4 1/2 years plus the 1 to 1 1/2 years to process his visa. Hope this helped.
 There is a whole forum dedicated to the I-601 at immigrate2us


Please get another attorney !!! If your fiancee OVERSTAYED HIS VISA, he will be fine if you get married, I DID TOO !! and i was able to obtain my green card. The process is pretty straight forward, you can even do it yourself but it'll be a lot easier with a COMPETENT attorney. In the other hand if he came to the country "MOJADO" (WET) crossed the border without Immigration inspection, now he is going to get out of town and will have to wait 10 years unless a waiver can be obtained which is difficult.

Answer 09/07/08

So I might be waaay too late on this.. but I am in the same situation too! But I would advise this.. The hardship you have to go through has to be medical. Most of the time, the INS and all that will actually be MORE understanding when It's an actual medical problem, and you NEED your husband/wife. And If he has or she has the 10 year ban already and you did the petition.. Best thing to do is to PROVE that you need that person here. DO not LIVe there with him or her. Because that will prove that he is not as important to come here because you can go there. A visit every month or every other month, whatever. Proves that you need him/her, but you come back.. and prove that he needs to be here. Get it?
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