Banned from US

S

Salmon

New Member
Hello there-
My boyfriend was barred from entering the US because when asked how long he intended to stay in the US he stated 6 months instead if 2 weeks as his ticket dates showed. They checked his bags and found resumes and copies of school certificates and customs officers concluded he came looking for work. He wad batred from entering US for 5 years. We are getting married in my original home country next year 2011 and I am a citizen. If I file for him as a spouse how long will it take for him to join me? It it better I file in the US or my home country? Please anyone with any insight I will appreciate your advice.
 
He has to wait out the 5 years, unless the ban was specific to entering as a tourist. The day he was sent back, did he attempt to enter with a tourist visa, and when did he apply for that visa?

How much time is left of the 5 years?

If you live in the US, you have to file for him at a USCIS office in the US, but he would complete the process outside the US at a consulate.
 
Marriage to a USC does not terminate the ban period. He was denied entry; he should not be in the country at this time. Based on the circumstances, it is unlikely he would receive a waiver.

What he should not do is enter illegally. You should expect to move to his home country in order to live with him following your marriage.

It is quite obvious that he was properly banned because the documents in his possession at the time showed that he planned to participate in activities outside those permitted by his visa status. It was foolish of him to try to bypass the proper procedure which would have been to find a job to sponsor his H1B BEFORE trying to enter.
 
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