Quick Question about being out of status for 11 yrs.

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Dasugo

Registered Users (C)
My mother in law is American and her husband isn't. They lived out of the country for 20 yrs then moved back to the US. MIL's husband came to the US on a visitors visa and has pretty much stayed on that since 1997.

He wants to leave the country to start a business in his home country and I wanted to know what he will need to do to be able to come back into the US.

Will the fact that he overstayed his visa affect his ability to return to the US?

I have no idea why he never filed for a GC, I guess he never felt the need to do so.

WHat if my in laws filed for a GC now? They have been married 30+ years.
Any foreseeable issues?
 
Dasugo said:
Will the fact that he overstayed his visa affect his ability to return to the US?
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Yes, he will be banned from entering the US for 10 years if he leaves without first obtaining a GC.
WHat if my in laws filed for a GC now? They have been married 30+ years.
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His wife can file a GC for him, but after getting the GC if he leaves the US for an extended time (over 1 year) they will probably revoke it for abandonment. Unless he gets citizenship before leaving.
 
Dasugo said:
Will the fact that he overstayed his visa affect his ability to return to the US?
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You think?... :rolleyes:

He has no valid visa to re-enter the USA and he is subject to a 10 year ban from re-entering the USA.

He needs to file for his GC and NOT leave the US until the GC is approved and in his hand.
 
And again, even if he gets his GC, if he goes to his country and starts a business, he'll have to spend a lot of time back in the US too.
 
wow,thks for the quick responses.

Is there any documentation specifying the 10 yr ban from re-entering? I want to make sure I have all information when I present this to them.

What about the fact that he has been legally married to an American citizen all this time? Any credit for time served? ;)
 
Dasugo said:
Is there any documentation specifying the 10 yr ban from re-entering? I want to make sure I have all information when I present this to them.
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Just google "immigration 10-year bar".

What about the fact that he has been legally married to an American citizen all this time?
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Marriage to a US citizen, on its own, conveys no immigration benefits.
 
Dasugo said:
wow,thks for the quick responses.

Is there any documentation specifying the 10 yr ban from re-entering? I want to make sure I have all information when I present this to them.

What about the fact that he has been legally married to an American citizen all this time? Any credit for time served? ;)
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http://www.state.gov/documents/organization/87035.pdf.

Well the fact he has been married legally for all that time will work to his benefit but only if he goes through the same process you did for your GC except he'll get a 10 years GC. But he shouldn't leave until he has the GC in hand.
 
PraetorianXI said:
You think?... :rolleyes:

He has no valid visa to re-enter the USA and he is subject to a 10 year ban from re-entering the USA.

He needs to file for his GC and NOT leave the US until the GC is approved and in his hand.
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that is exactly what I thought.
 
I 751 approval

Dasugo,
I have a question for you regarding your I 751 . Did you get approved yet?
I have the same timeline as yours. Stil waiting for approval.

Sorry cannot answer your original question.
 
macmar said:
Dasugo,
I have a question for you regarding your I 751 . Did you get approved yet?
I have the same timeline as yours. Stil waiting for approval.

Sorry cannot answer your original question.
Click to expand...

I sent you a PM macmar.
 
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