Legal Question in Immigration Law in California

Hello:

Some of the answer will depend on whether he overstayed more than 180 days or 1 year. If so, he would be subject to the 3/10 year bar. However, assuming he does not illegally enter again, you should marry him in Mexico. Then, a K3 petition along with the Waiver of the 3/10 year bar can be prepared. It will not take overnight, but if done properly, things can move relatively quickly.

Regards,

Brian D. Lerner

Attorney at Law

californiaimmigration.us

I agree with Mr. Lerner, though not entirely. If the overstay was for more than 180 days, waiver of the three or ten year bar will be difficult the shorter your marriage is. The longer you are married, the easier it is to show extreme hardship which will be the standard he will have to meet if he is subject to the bar (necessitating the waiver). Depending on current policy at the time of adjudication, approval rates are somewhere around 50% to 75% in Ciudad Juarez, so the facts and the way the case is prepared are both very important.

Feel free to contact me offline at [email protected] or 818 609 1953.

Sincerely,

Alice Yardum-Hunter

Attorney at Law

Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

You may find detailed information on the 3/10 year bar waiver process here: http://www.msclaw.com/i-601-unlawful-presence-waiver.html

Please feel free to contact me for a free consultation.