Legal Question in Immigration Law in Texas

I am a US Citizen. My wife entered legally via Visa. ......Overstayed.

She returned to her home country voluntarily in 2000.

In 2002 her visa was denied PAR 221G.

In 2004 our Fiancee visa was denied 212 (a) (9) (B) ii.

We married in her home country in 2005.

I wish to apply for I-130 in June 2010

Do we have a chance of getting the visa

The 10 year ban applies from 2000 ie the year she returned to her home country or 2004 when the fiancee visa was denied


Asked on 4/25/10, 3:03 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

10-year inadmissibility ban usually applies form the date of departure from the USA.

If it's been less than 10 years since departure, a waiver of inadmissibility might be requested. Otherwise, if it's been over 10 years and she is not subject to any other inadmissibility grounds, there is a chance of getting a visa.

Did you file a waiver application in 2004 when a fiancee visa was denied?

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. 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. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238. Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

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Answered on 4/30/10, 3:13 pm


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