Ask a Lawyer -- Immigration
Question 3

Question: My husband had been deported to france for overstay, so I left in the same time without being deported. Now we live in France , I would like to visit my daughter who lives in the US.By law we are banned from entering the US for 10 years, its 6 years already. My question is :Can I go to visit my daughter in the US without telling the immigration about my overstay and what are my chances? Thank you From: josette, texas 05/22/2008 Response: If it was your husband who was deported but you are a U.S. citizen you will be able to come and go from the U.S. as you would like. It was your husband who was deported and not you. If for some reason they should ask you why you have been out of the United States for so long you can tell them. But do not try to take your husband to the United States yet. Also- if your husband chose voluntary departure over deportation he would be eligible for I-212 and I-601 and be able to come back to the United States much sooner that way. Ana Maria Schwartz Attorney at Law http://www.amschwartzlaw.com Submitted by: Ana Maria Schwartz, Austin, TX  Web site for Ana Maria Schwartz User Comments From: josette State:texas Posted: 05/23/2008 Subject: Comment: Thank you very much .We are not American citizen but we are both French citizen.Can I still go to visit my daughter in the US without telling the immigration that my husband has been deported 6 years ago and that I left in the same time? Would they have something on me at the INS? Thank you. Its very important for me to know because I really want to visit my daughter. From: Ana Maria State:Texas Posted: 05/23/2008 Subject: Returning to the United States Comment: If you were an overstay whether you were deported or not you face a bar to your re-entry. It is 3 years if you overstayed by more than 180 days but less than 365 days and 10 years if you overstayed by more than 365 days. An overstay is when someone has spent time in the United States after their visa has expired. Most often when people come as visitors they are allowed in for 6 months. So if you stayed in the U.S. for 9 months you overstayed by 3 months. And while you don't have to offer up the fact that your husband was deported you do need to be honest with the Immigration officials if they ask you anything. If you don't that's fraud and it will result in a permanent bar to coming to the United States. Ana Maria Schwartz Attorney at Law http://www.amschwartzlaw.com info@amschwartzlaw.com From: josette State:france Posted: 08/01/2008 Subject: overstay Comment: Thank you very much Add A Comment

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