Legal Question in Immigration Law in Utah

I am from spain and i came here in 2006 with a visa, then i overstayed it because i went to high scool and then i went on a 2 year LDS mission. After i finished my mission i directy went back to spain. But now i want to come back because i met a girl and we want to get married..what can i do to come back? Please help.


Asked on 1/24/12, 11:09 am

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello. You are subject to the 10 year bar and need a Waiver.

Fiancee Petition

A Fianc�e Petition needs to be prepared. This is a petition that will allow your fianc�e to come to the U.S. in a relatively short period of time. Usually, it takes around 6 to 9 months for the petition to be approved at immigration in the United States. Subsequently, the approval would be sent to the U.S. Consulate or Embassy in your fianc�e's home country. When your fianc�e comes to the U.S., you will have ninety days to get married. Our firm can prepare the entire Fianc�e Petition and make it so it goes smoothly and correctly. You have to have physically seen your Fianc�e in the last two years.�

Waiver of Inadmissibility

A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.�

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Answered on 1/31/12, 4:15 pm


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