Legal Question in Immigration Law in Virginia

Visa denied due to overstay

I had overstayed in USA in 2002 for six months. The US Embassy Pakistan has said that I am ineligible to apply for a visa until 2013. However, I am getting married to a USA citizen. Would the US gov't allow me to proceed to USA with my citizen spouse before 2013 i.e waive the ineligibility?


Asked on 6/26/08, 12:26 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Visa denied due to overstay

I believe that the U.S. Embassy in Pakistan has correctly addressed the matter as well as your question, i.e, you would not be eligible for a waiver.

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Answered on 6/27/08, 8:56 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Visa denied due to overstay

Addition to previous answer: Under INA section 212(a)(9)(B), there is a slim possibility that your wife could qualify for a waiver in the event that

you could prove that her continued exclusion from this country would constitute an extreme hardship for you as a U.S. citizen. As a general rule, however, these kinds of hardship claims are difficult to prove to the satisfaction of the USCIS

and will often fail.

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Answered on 6/27/08, 9:06 am


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