Legal Question in Immigration Law in California
Overstay-10 year ban
I overstayed my student visa for more than 5 years due to political issues in my home country, plus ran out of money to study. Yes, I violated the law, not proud of it either. However, I did later manage to finish school and get an MBA degree and worked illegally by stating I am a US citizen, provided DL and SS Card. Paid my taxes every year. Left the US on my own accord (without deportation). It has been 7 years. Obviously I could have gotten married to change my status while in the US, but I would never do that to anyone just to change my status.
I am aware of the 10 year ban, but not sure I understand it all. Can I enter the US before the 10 years are over (or ever afterwards) under an EB-5 visa? or since I am getting married to a US Citizen now for the right reasons (how ironic!), should I wait to apply for perm resident through my wife?
Or even after I get married I am still banned altogether since I also lied and worked stating I am US Citizen? I appreciate your help in this matter.
2 Answers from Attorneys
Even if you get married the ban is applicable to you. If the consulate finds out you have falsely claimed a citizenship the ban will be lifetime. Once you get married to a US citizen you can apply for a waiver for the overstay, but not for the false claim to citizenship.
You cannot apply for U.S. legal permanent residency through employment until the 10 years outside the United States has been met.
If your U.S. citizen spouse petitions you, you will not only need to Consular Process the case, but you will only get your immigrant visa, assuming you have not been outside the U.S. for 10 years, if a waiver of inadmissibility is approved, assuming the Department of State does not find out that you lied about being a U.S. citizen!
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