Legal Question in Immigration Law in
i am brazilian living in brazil and my future wife is from USA. can we get married in jamaica and start the process to get a green card? also how long it takes considering i lived in US for 3 years with a expired tourist visa, because i heard that there is a petition to forgive me, if im not wrong its called by waiver. Thank you
1 Answer from Attorneys
The application you mentioned is called an "extreme hardship waiver". If you overstayed your visa in USA for over a year and then left the USA, you became inadmissible (banned) for 10 years. To remove this ban, a waiver has to be approved. It's possible, but very difficult. Your US citizen wife will have to demonstrate extreme hardship to herself that she will suffer if you are not allowed to come back to US.
I suggest you consult a knowledgeable attorney in order to decide what to do and plan your immigration process.
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