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Overstay, 10y ban.

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  • Overstay, 10y ban.

    would like to hear your opinion on what could be the most efficient way to handle this situation with my spouse's visa.

    Here is the history

    1) she entered the US in 1998 with visa valid for 6 months.
    2) decided to extend the visa and paid money to some bullshit lawyer, who then claimed that the visa was extended for another 6 months (....I do not see any evidence of that in her passport....is there a way to find out whether the visa was extended at all??)
    3) afterwards applied for an extension again (paid about 2K USD) and was told that her papers are under consideration....
    4) while in US she was living with some family as a domestic helper so that she could send money back home to her parents and child.
    5) Left voluntarily in 2004.
    6) when leaving no I-94 was in her passport (...she can't remember what happened to it...she thinks it disappeared when she got passport back from that lawyer).

    We've been together for about 10 years (married for 3y). I recently got an offer to go to US to work for some big financial firm. she would need to apply for an H-4 visa.

    we would like to try to apply for a waiver. company will handle the application/waiver process.

    what do you think are our chances and what would be the best approach?


    thank you

  • #2
    Unfortunately the chances are from zero to none!

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    • #3
      Just wanted to give an update on our case.

      My wife's waiver and L-2 visa were approved. My company used immigration lawyers services to help with our case. First, we applied for my L-1 visa, which I got approved within 2 weeks, then we applied for a 212-d(3) waiver for my wife.
      For the latter we prepared a letter from my employer explaining the importance of my presence in the US, my wife's affidavit letter, 3 reference letters from friends, and a letter from a charity organization she worked for.

      Her waiver was first recommended by a local consulate officer, and then less than 2 weeks after was approved by DHS.


      I hope this post will help those who are in a similar situation.

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