Legal Question in Immigration Law in Nevada

My boyfriend overstayed his Visa by about 4 years before voluntarily returning home to Ukraine in July 2009. We have a 7 month old daughter and are discussing marriage. I am reluctant to enter into a marriage where my husband is banned from the U.S. and am not crazy about the idea of uprooting my children and moving to Ukraine, no matter how much we love each other. Is it possible to get around the 10-year ban? If so, how should we handle this?


Asked on 11/01/10, 8:31 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Yes, it is possible if he applies for an Extreme Hardhsip waiver and such waiver is granted (and the 10-year ban is removed). In this case, a visa (permanent residency) will be approved as well.

Please keep in mind that it's difficult to get a waiver approved.

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

P.S. I speak Russian and often work with clients from Ukraine.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

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Answered on 11/06/10, 9:43 pm
Michael Cho Law Offices of Michael Cho

Your spouse may apply for a I-601 extreme hardship waiver as part of the immigrant visa process.

Please find detailed information on the waiver process as well as the services I provide here:

http://www.msclaw.com/immigration-waivers/i-601-unlawful-presence-waiver/why-choose-our-law-firm.html

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Answered on 11/08/10, 2:05 pm


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