I'm a naturalised US Citizen and have 2 US born kids, 6 and 3 now living in Bangladesh. My Husband and I got married in 98 in NYC and my husband didn't have any status. Prior to our marriage, he had a temporary work permit but in 98, he requested the judge to withdraw his case for political asylum and appealed for "Voluntary Departure" which he was granted but he left the US in late 2001. I didn't apply for him at the time we left in 2001.
Now I want to apply for him in Bangladesh. I hear that my husband's "over Stay" would be an issue in considering my application for his "Status Adjustment" and my application would not be granted. Is it true?
Someone who knows the answer, please response and help us. I'm very nervous. Kids are ready for school. They need their father back in States, I need my husband.
Someone Please help us with the answer, and if there is a trouble, what are my rights or privilages as a US Citizen and way out of any troubles.
Sincerely:
I Roy

This message has been edited. Last edited by: I.Roy,

Keep hanging on!

If he overstayed more than 6 months prior to leaving the country, he is currently unable to return to the USA.

However, because he is the spouse of a USC (you) he is eligible for a waiver. The waiver is the I-601.

Please see www.immigrate2us.net for more information.

Do you know the type of ban he got when he left under voluntary departure? He might not get anything, and even if he has a 3yr ban, that should expires already. I-601 waiver is only needed when the said person is still subject for the ban.