Immigration Issues/visa

Advertisement


Question
I WENT TO THE EMBASSY IN LONDON,FOR NON IMAGRANT VISA,AND THAY STAMPED MY PASSORT.BAN FOR TEN YEARS,BUT MY HUSBAND IN USA JUST FOUND OUT HE GO CANCER WHAT CAN I DO NOW  THANKS
-------------------------------------------
The text above is a follow-up to ...

-----Question-----
I went to the usa in november 2004,to vist a friend,and to take a break from bad divorse,i met a us citizen while i was there and fell in love,and never went back to uk,we married in 2005,and found out i had no rights,dident know anything about immagration then so i came back in may 2006, so now i had overstayed my visa waiver,my husband since then has fell sick with cancer,i need to be with him at this time,i got an emergancy appointment with usa embassy,what do i need to pove i will come back to uk,and by the way i got my 14 daughter living with me now
-----Answer-----
It was very unfortunate you did not go to an attorney before you left. Your husband could have filed for a visa for you at any time, and still can.  Proving the marriage may be a bit of a problem if he is not there to support the application at the hearing, but on the other hand your situation is an emergency.  I am not really sure what you are asking me. You should apply for a Permanent Resident visa and I suppose you should do it through the consulate.  On the other hand you could come to the US on the Waiver Visa for UK citizens, then apply for the visa while you are in the USA.  Although normally there is no adjustment of status for a waiver visa holder, that is waived for marriage to a US citizen.

good luck.

Answer
Clearly you did just about everything wrong that you could possibly do.  But you saved yourself a bit of money by not going to an attorney. Now you are going to need to retain an attorney and seek to have your excludability waived. This is complicated and will require a tremendous amount of effort on the part of the attorney.  I am sorry I can give you no further advice other than get a competent immigration attorney in the USA to help you.  But that is your only chance.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Alexander J. Hay

Expertise

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".

Experience

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.

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

©2016 About.com. All rights reserved.