Legal Question in Immigration Law in New York

My tourist visa was cancelled,

My tourist visa was recently cancelled when i attended an interview for my stepfathers greecard. His greencard was denied and my visa was cancelled. I lived in America for 8 years illegally. My problem is that my fiance is American and lives in the U.S, im now in my birth country and we are trying to figure out what we can do to be reunited. We have been together for 5 years and engaged for 1 year. we have plenty to prove our relationship (photos,cards,letters,joint acct...etc)if i were to apply for a fiancee visa what r the chances of me getting it. I migrated to the US when i was only 12, and departed when I was 20...I heard that since i was a child it might make things easier for me. My fiancee and I are desperate..Please help.


Asked on 7/06/08, 8:35 pm

2 Answers from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: My tourist visa was cancelled,

You will need to file a waiver of the bar you know have from entering the U.S. as a result of your prior unlawful presence. It would be necessary to discuss the specifics of your case with an immigration attorney to analyze the hardship to your U.S. Citizen relative in order to assess your ability to qualify for such a waiver.

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Answered on 7/07/08, 9:55 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: My tourist visa was cancelled,

In general you are facing a ten year bar from entering the United States because you stayed illegally for 8 years. However, there is a way to apply for waiver of your inadmissibility. You have to contact an immigration lawyer to discuss this option and review your chances.

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Answered on 7/07/08, 11:50 am


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