Will my daughter be affected by the 10 year ban?

S

suchemalinche

New Member
Hi, I came to this country in 2008 with my two underage kids. We overstayed our visa until now but my husband is now a citizen and he will petition for all of us. My daughter returned to our country of origin two years ago, two weeks before turning 19 years old. She wants my husband to submit a petition for her as well. My questions are, will she be affected by the 10 year ban? Or can my husband submit a petition for her with no problem? In case she is affected is there any way we can waive the ban?

Thank you in advance for all your help.
 
Before 19 or 18? If 19 then she would have 3 years bans. And if it was 2 years ago now she would have only 1 year of ban remaining.
There's hardship waiver to waive the ban but probably it would be easier to wait the ban to lift than it.
 
Thank you lvnp. Two more questions. If she is banned for three years, will she get the green card if my husband (US citizen) submits the petition for her? Or the three year ban will prevent her from getting it?
 
You are welcome. Ban is ban either way and unless waived is in effect regardless.
 
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