Q: My British hubby overstayed his visa and we left the USA 8 years ago. How do I find out if he can come back legally?
My hubby was married to a US citizen before me. He had applied for a green card, but by the time his interview rolled around they were getting a divorce. His application was denied and told he had to leave when his visa was up. Because they had a child together he overstayed his visa by 7 years. We decided to move to Spain. We have been living in Spain for 8 years. I want to move back to the USA. Where do I start to find out his immigration status and get us back in the USA.
A: You would file an immigrant visa petition on his behalf, and then he would apply for an immigrant visa. At the interview, he would be told that he is barred from returning to the US for a period of ten years since his last departure. This bar can be waived, however, based on hardship to you, his US citizen spouse.
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