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process for waiver of inadmissibility

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  • process for waiver of inadmissibility

    My boyfreind overstayed on an british passport and returned to ireland. Attempted to return to USA with his valid and legal Irish Passport but denied entry due to overstaying under British Passport. What's the likelyhood of getting waiver of inadmissibility? We are also planning to get married - will he be able to get a fiance visa? If we marry in Ireland will he be able to get a visa to come to the USA?

  • #2
    My boyfreind overstayed on an british passport and returned to ireland. Attempted to return to USA with his valid and legal Irish Passport but denied entry due to overstaying under British Passport. What's the likelyhood of getting waiver of inadmissibility? We are also planning to get married - will he be able to get a fiance visa? If we marry in Ireland will he be able to get a visa to come to the USA?

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    • #3
      How many days did he overstay?
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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      • #4
        He was he for just about 18 mths

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        • #5
          Overstays of 180 days trigger a 3-year bar of admissibility; overstays of 365 days or more trigger a 10-yar bar. Overstays are not an issue for aliens who are married to a US citizen, when adjusting status. There are means to marry outside the USA and petition from there, but the issue is overcoming the inadmissibility under INA 212(a)(9). I'd consult an immigration attorney.
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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