Legal Question in Immigration Law in California

Overstayed/Voluntary Departure

My husband and I got married in California. He overstayed 5months in the US and he voluntarily left the country last week. I'm still waiting for my citizenship, I should've been an automatic citizen, because I was 15 when my mother became a citizen.

My questions are:

1.) Once I become a citizen, What are my husbands chances in getting back in the US? Can we file a waiver? How long will it take?

2.) Can I leave the country while I'm waiting for my citizenship certificate.

Thank you very much in advanced for your help.


Asked on 11/24/07, 6:44 pm

2 Answers from Attorneys
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: Overstayed/Voluntary Departure

Hello,

Answers:

1) After you become a U.S. Citizen, you may be able to bring your husband back to the U.S.

2) It is possible that the only way to bring him back is by applying for an immigrant visa in his country of origin and a Waiver for the 3-year bar or the 10-year bar to reentry. It will take between 6-12 months.

3) Yes, you can leave the country while you wait for the citizenship certificate.

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Answered on 11/24/07, 8:30 pm
Michael Cho Law Offices of Michael Cho

Re: Overstayed/Voluntary Departure

An overstay of 5 months does not trigger the 3 year bar.

an overstay of 6 months or longer does trigger the 3 year bar and requirement for the unlawful presence waiver.

You can apply for a K-3 spousal visa for your husband after becoming a US citizen.

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Answered on 11/25/07, 2:01 am


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