Asked in Immigration Law

Q: can i still sponsor my spouse who live out of USA even though he once overstay his B1\B2 visa for less than 1 year

hi.. I'm American citizen can I still sponsor my spouse who live out of USA even though he once overstay his B1\B2 visa for less than 1 year in 2019r****he didn't get deported he just left*****??

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2 Lawyer Answers
Nareshwar Singh Virdi
PREMIUM
Nareshwar Singh Virdi
Answered
  • Immigration Law Lawyer
  • San Francisco, CA

A: To give an accurate answer, more information is needed. However, in general, if there has been an overstay in the past, it is an issue that must be addressed.

Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: As a U.S. citizen you can file a relative petition ((FORM I-130) on behalf of your spouse.

If your spouse was in unlawful presence in the U.S. for longer than 180 days but less than 12 months then a waiver will have to be filed.

An experienced immigration attorney can assist you in navigating through this complex set of law and regulations.

Good luck to you.

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