Legal Question in Immigration Law in New Jersey

You cannot re-enter the country for 10 years, since you overstayed your last admission period by 2 years. When she becomes a U.S. citizen, assuming it is prior to the termination of your 10 year bar, and assuming you are married at that time, then you can file a waiver of inadmissibility due to your prior unlawful presence. If it is approved, then you can obtain an immigrant visa from the U.S. Consulate abroad.

A foreign national who is unlawfully present in the United States for one year or more, and leaves the United States voluntarily before deportation proceedings begin, is ineligible for reentry for ten years from the date of their exiting the country. The foreign national must obtain a waiver of inadmissibility to overcome the unlawful presence bar before they can return to the United States. To qualify for the unlawful presence waiver, the beneficiary must have a United States citizen or lawful permanent resident spouse or parent who will experience �extreme� hardship if they are denied admission. The most difficult part of submitting a waiver application for unlawful presence is demonstrating potential extreme hardship to the qualifying relative. Extreme hardship is generally understood to mean hardship that is greater than the normal hardship a qualifying relative can be expected to experience if the foreign national is denied admission. This vague definition means that there is no right or wrong answer. However, it also means that the officer reviewing the case has broad discretion in deciding whether or not the foreign national�s circumstances constitute extreme hardship.

In practical terms, first you must get married. Then your wife has to file an alien relative petition for you with the USCIS in the United States. When the petition is approved, the case is transferred to the National Visa Center for additional processing. After the required forms and fees are submitted to the NVC, the case is then forwarded to the United States consulate in your home country for the interview and processing of the immigrant visa. The waiver application is submitted at the interview. It could take anywhere from three to six months or more to receive a response regarding the waiver. If it is denied, there is no appeal. However, you can apply again.

Also, you did not mention your girlfriend's immigration status. If she is a United States citizen, then, upon getting married, you will be considered an immediate relative and a visa will be available as soon as the petition is approved by the USCIS, and you can immediately consular process. If she is a permanent resident, then you will have to wait for an immigrant visa to become available after your petition is approved and before you can consular process. This process can take several years for spouses of permanent residents.

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