Re-Admittance into the USA

[Vbeats07]

How should my wife go about filing for re-admission into the USA after overstaying on a visit? I need a quick way in which it can be done so that she can be back s soon as possible.

[peace999]

1. What visa did she overstay?
2. By how many days?
3. Is she inside US or has she left US?
4. Are you inside US and what is your visa status?

[Vbeats07]

I apologize for the late response.

It was not a visa she overstayed on but a Police Record, as the country she is from(the Bahamas) allows its citizens to travel to the USA on a Police Record.

She overstayed by a year and a month and is currently not in the USA, but back home.

I do not need a visa to travel as I am an American citizen.

We were told that filing the I-130 form would be the quickest route to take, is this indeed factual?

[peace999]

OK, she did not need a visa to enter but still she overstayed her authorized stay by more than one year.

Which means she is barred from entering US for 10 years.

She made a mistake; if she overstayed , she should not have left US . Then she could adjust status to GC based on marriage with you.

Now , she has left US, she comes under the 10 year bar rule.

You have to talk to a good immigration attorney how to overcome the bar and then you can file an I-130.

[Vbeats07]

do you know of any instance where the "bar" was over ruled or not issued due to any special circumstance?

[wavedom]

It is possible to file a waiver due to "extreme hardship" (I think it's I-601) in order to remove the 10 year bar. I doubt that there are cases when the bar is not issued due to special circumstances. If someone overstays by more than a year the bar goes into effect. Have you checked exactly by how much she overstayed? If she overstayed by more than 180 days but less than a year the bar is only 3 years. Is it possible to legally stay in the US for a certain number of days using the police certificate, or can you stay until the certificate expires? In any case, if you plan on obtaining a waiver you should talk to an attourney who has experience in filing those waivers.

[peace999]

do you know of any instance where the "bar" was over ruled or not issued due to any special circumstance?

Advice;
This is technical and a serious issue of a bar, so do not rely on the forum to find answers .
We are not lawyers.
Get an immigration attorney, not just any , get a reputed one , even if it costs some $$$.

[Vbeats07]

WAVEDOM- She over stayed by 11 months and the police record allows a citizen to stay in the USA for up to three months


PEACE999- We have seek legal counsel

THANK YOU ALL FOR YOUR FEEDBACK AND ADVICE