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Hello, we live outside US. I recently got I-140 approved for EB1A category. My husband went to US in 2005, completed his undergraduate degree and left US in 2011 (no lawful presence then). He went to US again in 2013 as a tourist and overstayed for about 45 days.
I found in USCIS page "Individuals who are barred from returning to the United States because they have been in the United States for a period in excess of 180 days, during a single stay, and then departed the United States".
My question is since my husband overstayed period is less than 180 days and he has clean and clear history except overstay, will this affect our consular processing?
I found in USCIS page "Individuals who are barred from returning to the United States because they have been in the United States for a period in excess of 180 days, during a single stay, and then departed the United States".
My question is since my husband overstayed period is less than 180 days and he has clean and clear history except overstay, will this affect our consular processing?
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