New York, NY asked in Immigration Law for Delaware

Q: overstayed B1 visa (24 years). Left volunt. US in 2010. Does the 10 year bar apply. Can I get a waiver?

I have a 21 year old son who is US born and lives there.

I lived in the US illegally for 24 years, no criminal record. Have bachelors and master's degree.

I have been outside the US for 7 years.

I want to return. I work for an American company and can transfer no problem.

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: Yes, you are subject to the 10-year bar.

Currently, immediate relatives of U.S. citizens who have accrued a certain period of unlawful presence in the United States are barred from returning to the United States for as long as 3 or 10 years if they leave the country. However under the provisional I-601 extreme hardship waiver your foreign national spouse may not need to leave the United States to apply for the hardship waiver.

Immediate relatives can obtain a waiver of the unlawful presence bar if:

they show that a U.S. citizen spouse or parent will experience extreme hardship if they are required to remain outside the United States; and

immediate relative also would have to show that they warrant a favorable exercise of discretion (have good record otherwise)

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