In US Since Nov 2000 on Tourist Visa (no FP) >> Overstay >> Married an H1 >> Be H4??

Z

zotaro

New Member
Q: Can she go back without problem? Meaning would she be subject to 'special processing' at the port of exit?

The intention is to apply for an H4 at the embassy abroad to return to husband in US.

BTW, it's not me. Just trying to find out and help.
 
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She would be subjected to the ten year entry ban since she accumulated more than three years of unlawful presence. Period.
 
I agree with the above. The only way an overstay is forgiven is through marriage to a US citizen....you just having a visa allowing you to work will hold no substance in your wife's immigration.....she is banned from the states for 10 years.
 
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