Immigration Issues/spouse visa


QUESTION: I am in Usa with a training(J1 visa)in library science.The employer wants to sponsorhip me for work visa(green card).If I am going back home,Romania, (having the work visa) with my husband(who overstayed his visa-2 years)do we have a chance to come back together?Can he come back with H4,  visa if he was out of status for 2 years?.Thank you.

ANSWER: He (and you) are in a very bad situation. He is excludable now for 10 years.  This means to receive a visa, he will have to leave the USA and stay out for 10 years.  The only exception to this rule is if you eventually become a US citizen and can petition for him.  The excludability is waived for spouses of US citizens.

Good luck.

---------- FOLLOW-UP ----------

QUESTION: Thank you very much for your fast replying and making me aware of what kind a lawyer I hired(he told me  what I wanted to hear)I still have a quick&last question..if we will have a plitician's support here in USA  will be of any good?I know it sounds stupid but I'm still hoping....Thank you  once again for your help.Adina

That is another trick of crooked lawyers to steal your money. They will write letters to Congress for you.  Wasting your money. If you become a US citizen, and nothing terrible happens between now and then, you will be able to petition for your husband.  He will not allowed to leave (since if he does he will not allowed back in until such time as you are a US citizen and he has an approved visa issued to him).  You can knock yourself out writing letters to Congressmen, but that is a waste of time, and potentially may result in the Immigration finding out where your husband is and targeting him.

Patience is your best option in my humble opinion.

Good luck.

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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