Legal Question in Immigration Law in Virginia

fiance has expired visa

Hello,

I will be getting married next month and submitting my future-husbands paperwork (1-130)

He came into the usa on a B1-B2 visa in 2002 from El-Salvador, it expired in 2004. I am a usa citizen.

Will he get the 10yr bar and have to return to his country? What is the process if this happens?

Thank you!


Asked on 9/05/07, 7:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: fiance has expired visa

The B-1/B-2 visitor for business and pleasure visa generally is good for no more than 12 months and therefore your fiance's I-94 card would have also expired. He must therefore necessarily be considered out of status and consequently an illegal immigrant who has accrued way more overstay time than is required for the 10 year bar (12 months or more).

I see no way that he could have his status adjusted at this point by your

filing the I-130 in his behalf while he remains in this country. Your petition in his behalf will undoubtedly be denied and he may be arrested and detained for deportation proceedings.

Read more
Answered on 9/05/07, 10:18 pm


Related Questions & Answers

More Immigration Law questions and answers in Virginia