Any way my husband can come back to the US if he has a 10 year ban?

[Mandiu20]

Hi, I am a US citizen. My husband left the US voluntarily after illegally overstaying his visa by several years. We kept in touch and decided to marry after he'd been gone a year so were married in his home country. Since he overstayed in the US, we are aware of the 10 year ban. My question is, is there any way possible that he could come back to the US sooner? Is there a waiver he might qualify for? Any way I can petition for his re-entry? I live abroad with him now and we would like to move back to the US sooner than 10 years, as his home country is a 3rd world country and life is much harder here

[AFFA]

I wish to inform you that your husband can have a waiver from 10 year ban. Further your husband can show hardship to you as his basis for waiver. A US waiver from 10 year ban is applicable if there is hardship to US Citizen. As you are a US Citizen therefore hardship to you can form the basis of waiver. Your husband can file form I-601.

AFF

[sandyclaus]

Originally Posted by Mandiu20 Hi, I am a US citizen. My husband left the US voluntarily after illegally overstaying his visa by several years. We kept in touch and decided to marry after he'd been gone a year so were married in his home country. Since he overstayed in the US, we are aware of the 10 year ban. My question is, is there any way possible that he could come back to the US sooner? Is there a waiver he might qualify for? Any way I can petition for his re-entry? I live abroad with him now and we would like to move back to the US sooner than 10 years, as his home country is a 3rd world country and life is much harder here

According to the law, the Qualifying U.S. Citizen, who would be the spouse, fiancée or fiancé with a visa, must prove that the denial of a visa will cause “extreme hardship.” Often the “extreme hardship” that is claimed is that the spouse, fiancée or fiancé will be forced to live outside the U.S. The hardship has to be “greater than the normal hardship the qualifying relative can be expected to experience if the Alien is denied admission.”

Standards vary and at some consulates the Qualifying Citizen will have to acknowledge not only why they cannot move to a foreign country but also why they cannot live in the U.S. without the person who has been denied a visa.

The Qualifying Citizen presents their extreme hardship case in a legal memorandum. Saying that you will miss your spouse greatly or will be lonely is NOT considered extreme hardship. This legal memorandum is the key element in the waiver process. It must be specific, detailed and accurate. Evidence and documentation are essential.

You are probably going to need to hire a skilled immigration attorney to do this for you.

[jenepher]

No loophole. he was put into proceedings before and ordered removed. had you filed a petition and waited for that to be processed, you could have applied for a waiver then, depending of course on exactly why he was deported originally. as it stands, since he re-entered the US illegally after that and got caught, now no waiver is available for 10 years. you can always consult a good immigration attorney, but they'll tell you the same thing.