Legal Question in Immigration Law in California
My daughter married a man who is from the Czech Republic. His parents brought him here to the US when he was 15. He was in this country illegally the whole time on an expired visa. He graduated college last year and he and my daughter moved to England. He has a good job there but they want to move back in a few years. What options does he have? Can he visit the US? What forms does he need to fill out in England? Where does he go in England to get the forms.
2 Answers from Attorneys
If your daughter is a U.S. citizen, your son-in-law may be able to obtain permanent resident status through marriage. However, there are several issues that may need to be addressed first. I recommend that you consult with an experienced immigration attorney.
It looks like your son-in-law is now subject to the ten year bar since he overstayed his visa and stayed in the country illegally for over a year.
According to the Immigration and Nationality Act (INA) any alien who has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States, is inadmissible.