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Ask a Lawyer -- Immigration
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Question: My fiance/ father of my child was deported in July 2008. His visa is invalid for 5 years based on that he overstayed his tourist permision and worked. Is it possible he may re-enter the US before the 5 years are completed, when we wed? If so, does it matter if the matrimony is held in the US? Is there a form I can submit for his re-entry? From: Christina, Texas 09/17/2009 Response: Assumings he was deported solely for overstaying his visa and did not commit other criminal violations, your fiance can file for a waiver of the five year exclusion rule under 8 USC 1182(a)(9)(A)(iii). This must be done while he is out of the country. Use USCIS form I-212 for this purpose. "This application is filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the visa. The applicant may attach a statement giving the facts that he/she believes USCIS should consider in making a decision on the application. The applicant may attach evidence in support of the statement." Link. See instructions to I-212. By: JJR, Date: 09/17/09 Note: Joe Raymond is an attorney but not a specialist in the area of immigration law. Add A Comment |
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