B1 Visa reentry while marriage visa pending

[raj943]

Hello,
I came to US on a BI/b2 Visa and was granted 3 months at the port of entry. I applied for an extension and was granted 6 months (extension). I stayed back until for 5 + years in the US. During my stay I got married to a US citizen. We are married happily for the last 5 years. Due to my mothers health issues I had to travel back to my home country which is India.
How can I reenter US without issues. What are the problems that I face at the port of entry. What are the measures that i have to take.
Any help would be really appreciated.
Tx,

Rick.

[Someone12]

If your visa is still valid, you should be fine...just tell our border folks you are married to an American, they will let you in.
If your visa needs to be renewed, again, it should be fine...just tell the CO that you are married to an American...
where were you working during those 5 years and will they give you your job back?

[Lisaanderson]

Hello,
I came to US on a BI/b2 Visa and was granted 3 months at the port of entry. I applied for an extension and was granted 6 months (extension). I stayed back until for 5 + years in the US. During my stay I got married to a US citizen. We are married happily for the last 5 years. Due to my mothers health issues I had to travel back to my home country which is India.
How can I reenter US without issues. What are the problems that I face at the port of entry. What are the measures that i have to take.
Any help would be really appreciated.
Tx,

Rick.

Your wife never applied for your green card? If you don’t have a green card, the act of overstaying for over 1 year and then leaving the country triggered the 10 year bar! It is unlikely you will be allowed to re-enter the U.S. on your B-1 visa even if it is still valid because you overstayed. You will need to re-apply for a visa, which is impossible to get because of the bar. If your wife applies now for your green card, you will need to get a waiver before the immigrant visa is granted to allow you to return. You need to speak with an immigration attorney immediately.

If you did get your green card and traveled after having your green card, then you have nothing to worry about and can simply re-enter with your valid green card.

[cindyr]

You were married for 5+ years and you still don't have permanent green card?

[inteconlaw]

Rick,


If you take Someone12's advice, and if you then apply for permanent residence, you be subject to the 10-year bar to admissibility and perhaps charged with visa fraud. Also, if you follow Someone12's advice and "tell the border folks you are married to a US citizen" the next question they will ask is if you intend to apply for permanent residence. If you answer yes, they will exclude you. If you answer no, they will most likely put you into secondary inspection and grill you about exactly whey you intend to do when you enter the USA, make you prove that you are employed in India and deem you excludable on the basis that you have not overcome the presumption of the law that you are in intending immigrant.

My advice is, listen to Lisa Anderson above and that you immediately retain the services of a qualified US immigration lawyer and have him/her explain all this to you. Otherwise, you could be in very serious jeopardy.

As an aside, what is Someone12 above doing giving immigration advice?! . . . You are so off-base it is pitiful. You obviously know absolutely NOTHING about US immigration law . . . You are guessing and you are guessing wrong. You owe raj943 an apology for almost (we can hope) getting him into deep yoghurt, because were he to attempt to enter the USA on a B-1 under these circumstances, most certainly would be excluded under the 10-year bar to admissibility and if he should somehow skate around that and be admitted, if he were ever to apply for permanent residence later, the 10-year bar would once again rear its ugly head, as well as the potential of being charged with visa fraud, since B-1 visas do not allow dual intent – that is intending to enter as a visitor while at the same time intending to become a permanent resident. You know, Someone12, there really is a body of law and regulations that address these issues, and it is quite apparent you have not read these. And if you are a lawyer, you just malpracticed and should be ashamed of yourself! "Tell the border folks you are married to a US citizen" ay yai yai!

All I can say is, good luck and only follow the advice of a qualified immigration lawyer, not Someone12. Even doing it the right way, you have a long and burdensome road to go, which as Lisa says, will require a waiver of your previous overstay - not an easy proposition and very expensive when (yes I said when, not if) you hire a qualified lawyer to prepare it - I would recommend the Murthy Law Firm (www.murthy.com - info@murthy.com), as Sheila Murthy routinely handles consular cases in India and is probably the most qualified immigration lawyer you could find to accomplish your difficult goal of being reunited with your wife after violating US immigration laws.

[Someone12]

I owe rajamataj zilch....you, on the other hand, are encouraging this visa cheat to lie or deceive our border officials or consular officers....and such 'ethical' advice can only come from one source.....yep....an immigration attorney....or some law student who cannot run fast enough to catch ambulances, trying to become one (hint: all you have to do to become an immigration attorney is fail the Ethics 101 class...and...voilah....you are instantly qualified!),,,you are also qualified to be a TV evangelist...both have similar characteristics...promise things they cannot deliver (from a front row seat in heaven to a green card) while fleecing the flock along the way...
I did not 'guess' wrong....or did I? Free advice...just like all the other advice posted on this site.....and ole raj is free to choose whichever opinion he wants....have a nice day...

[inteconlaw]

@Somenone12 . . . I don't know who you addressed your above unprofessional and childish tirade, but it is clear you are obviously not a lawyer and unclear exactly why you feel qualified to give immigration advice. It is remarkable that after your first totally wrong opinion, you then have the audacity to post a second embarrassing opinion that only shows your true mentality. Who are you anyway?

First, You know nothing about immigration law. That is clear.

Second, I encouraged nobody to lie or deceive our border officials or consular officers. Re-read my text above. I advised Rick that he is subject to the 10-year Bar to Admissibility and that he should consult a qualified immigration lawyer.

You said, " . . . just tell our border folks you are married to an American, they will let you in."

They will NOT let him in, they will exclude him for two reasons (1) He overstayed his pervious visa by more that 365 day and is subject to the 10-year Bar to Admissibility and, (2) Because he is married to a US citizen (with a history of immigration violation) they will treat him as an intending immigrant with dual intent and exclude him for that reason. I don't know how much more clear that can be stated. Even if he were to lie to the ICE officer at the point of entry, chances are he is in the computer system and they will catch him.

Yes, you definitely DID guess wrong and your "free advice" could have gotten Rick into trouble had he tried your approach. The only solution for he may have lies in the fact that he is married to a US citizen and is eligible to apply for a waiver of his past immigration misconduct. Of course, whether or not that waiver will be granted is speculative . . . it will depend on many variable factors which are required by the law. By the way, Someone12, you HAVE read the LAW, haven't you?

Somenone 12, please quote us the law that says Rick can overstay for five years, leave the USA, and then re-enter on a B-1 visa with impunity. I'm sure everyone is dying to hear the law, not your opinion of what you think the law should be, so quote the INA statute and the Regulation that back up your theory. That is a direct challenge.

As far as my qualifications go, I have only been practicing immigration law for 35 years, so I guess I've got a lot to learn from you. After all, I see you are a "Senior Member" of ILW, whatever that means, and that you have 4,993 posts to your credit. I just wonder, are all your posts as off-base as this one, or is this the only mistake you have ever made?

[Someone12]

True, I am not an immigration attorney...nor would I ever consider becoming one...mucking stables would be more satisfying than helping visa cheats and border jumpers steal jobs and other benefits from American citizens...at least I could sleep at night, knowing that my ethics were pure.
You obviously could not discern the sarcasm in my reply...of course I know what would happen to ole raj...and good riddance...who in the world would offer advice to assist a visa cheat regain admission to my country? No one whom I could think of, save for those whose 'profession' is selling out America for $300 an hour.
I did not 'guess wrong.' I know perfectly well what the laws are. Let's see....perhaps INA 212 (a) 9 BII? Maybe he crosses the line (or has already crossed the line) and collects an ineligibility under INA 212 (a) 6C (i)....and certainly a denial under 214b is quite possible....Since ole raj is apparently only interested in finding one or more ways to evade the truth, or to find some loophole or creative story to make his way back to my country, let him figure it out. We don't need visa cheats like raj .... may be you do...after all, few Americans are writing checks to immigration attorneys.
So what are those 'measures' ole raj has to take to be admitted to the US? Some boiler plate letter from you describing his alleged hardships? Does such a letter come with a box of Kleenex so the reader can mop up his or her tears as the letter is read? Or perhaps some exaggerated claim that he 'must return' to singlehandedly save the US economy from collapsing? I didn't know that managing a motel carried so much responsibility.
Reread my 'miss-guess' I told ole raj to tell the truth....what is ethically wrong with that? Oh...oops...how foolish of me to ask that question of an immigration attorney....
also note that raj said...'any help would be really appreciated'.....any help. That's what he got....

[GoldenDragon68]

I have a dilemma for a client of mine. He's married to a Mexican citizen who came here on a BCC/B1-B2 visa which expired in October 2010. Prior to that a Notario did an I-130 petition but did not do an I-485 Adjustment of Status app at the same time while her presence in the US was still lawful. It is now 2013 and I'm trying to figure out a way to do a 485 app from within the Country because of two problems: (1) her husband is a LPR and has not yet naturalized, and the regs authorizing Provisional Waivers do not allow for LPRs to qualify for "extreme hardship", - the spouse must be a US citizen and (2) it is doubtful we could show "extreme hardship" given the grief I've been getting from USCIS about what qualifies. Anyone got any bright ideas?

[Someone12]

I am not in the business of helping visa cheats nor anyone else who has no respect for our laws........my bright idea? What is wrong with obeying our laws and respecting the privilege given to this dirt bag, who has promptly demonstrated why he should not have been given anything except a one way bus ticket back to Mexico...vayase...

[inteconlaw]

TO ALL WHO READ THIS STRING . . . .

It is clear that Someone12 hates immigrants and hates immigration lawyers and only posts on the ILW site to intentionally give wrong advice, hoping someone will take his wrong advice and get deported. According to ILW statistics, he has 4,995 posts on ILW and has been a member since 2003. Obviously, he has too much time on his hands and enjoys his deception.

He should be banned from ILW posting and if the editors of ILW were competent, they would ban him.

[Someone12]

Obviously, this ethically challenged respondent forgot something called the First Amendment...maybe he was taking Billable Hours 101/201/301/401 and missed that class...who knows...and who cares? He claims I hate immigrants...had he taken the time to read my nearly 5000 posts, he would have noticed that at no time have I ever said I was against LEGAL immigration...something of course, he is apparently not interested in....remember, immigration attorneys charge obscene amounts of money to try and make fact out of fiction....selling out American way of life for $300 an hour....all to assist visa cheats and border jumpers gain a foothold in the United States of America....do we really need these parasites? I don't think so. Incontinent Law is unhappy that the truth has been revealed about what these 'noble practitioners' really do....mostly nothing...offering overpriced opinions, or filling in 'color-in-the-dot' forms in exchange for outrageous sums of money, but certainly they do not help US citizens by and large...which makes one wonder....why are immigration attorneys allowed have US passports?
Good to know that your opinion is so well respected....who on this planet, with an IQ greater than 70, would take the 'advice' or suggestions from any immigration attorney?
You have a nice day, fleecing those who are too stupid to see through the charade. You and Pat Robertson have a lot in common.

[inteconlaw]

GoldenDragon68 . . . I've got a "bright idea" . . . hire an immigration lawyer and do it right.

[federale86]

Who do you think you are? An advocate for immigration fraud?