Married to USC but going home 4 two years

My I-94 was expired in July 10, 2002
My wife is USC we;ve married in spring. I'm on B-1 now, but had J-1 (from which 5 months i was at hom. Now i'm going home at spring may be, i would go now but have to pay my credit. Will i be subject for 3/10 year ban?
thank you

My I-94 was expired in July 10, 2002
My wife is USC we;ve married in spring. I'm on B-1 now, but had J-1 (from which 5 months i was at hom. Now i'm going home at spring may be, i would go now but have to pay my credit. Will i be subject for 3/10 year ban?
thank you

if you have overstayed your visa for more than 180 days you are subject to 3 yr ban and if over a year then 10 yr ban.. there are loopholes but you need to consult a lawyer on that matter.

I thought that even if you overstayed, as long that you are maried it doesn't matter, cause now you are legal ??!! am I wrong ?
once you get married, doesn't that takes care of everything and the ins cannot do anything against you ?

NO, If you are overstayed, then you have bar 3-10yrs. but bar will start only if you leave the country.
You still have to take the waiver from these bars.

best thing to do is wait till all your paperwork is done with INS to be able to leave the country and make sure you CAN LEAVE THE COUNTRY AND REENTER.

Generally, peole who overstay for 180 days and more are subject to the 3/10 year ban. However, in my readings on immigration, I have encountered the statement that aliens with I-94s (Arrival and Departure Record, that small white paper that comes stapled in your passport, which tells you when you arrive and when you are supposed to leave the US) stamped with D/S or "Duration of Status" are NOT eligible for re-entry bars.

I believe it is worth researching into this more, if it is your intention to fulfill the 2yr residence requirement.

Otherwise, look into getting a waiver, so that you dont have to be separated with your wife anymore.

Goodluck!

Thank you for your replies!
I read the law from 1996 about "Immigrants Responsibility Act" but din't find any information about --- are the spouses of American citizens exemt from 3/10 year ban? If it is YES, then this doesn't make any sense if I go home to fulfill my J-1 (I'm now on B-1) then i'll never see my wife again. I won't have any choices but stay here illegally. I'm deppressed I have a good engineering degree and good skills. I dreamed to work and live here, contribute into this country, have a house and live happy with my family. I went home before to work for my goverment because they financed me on my J-1. But the only thing i did on my job there was just drinking vodka and no job nothing. I'll go again if it so reqiered by INS but my time will be lost for nothin. I don't expect anything good there exept my family.
I decided to go to INS office in Atlanta next week thay have public hours there. Is there any chances they will put me in jail for ovestaying my I-94 and then deport? I never broke any US laws before.

I dont know of US Immigration lawyers in Atlanta.
But here are free immigration Lawyers in Florida contact them they will put you in touch with a free immigration Lawyer near your home area. You need legal help as soon as possible. Good Luck.

LIST OF FREE LEGAL SERVICES PROVIDERS



The following organizations and attorneys provide free legal services and/or referrals for such services to indigent individuals in immigration removal proceedings, pursuant to 8 CFR §3.61. Some of these organizations may also charge a nominal fee for legal services to certain low income individuals.



Miami, Florida AMERICAN FRIENDS SERVICE COMMITTEE

1205 Sunset Drive
South Miami, Florida 33143
(305) 665-0022; 800-765-8875

Spanish Spoken
Will only take Guatemalan and Salvadoran cases
Will not represent detained aliens
Will take Asylum cases

CATHOLIC CHARITIES OF ST. PETERSBURG, FL
6533 Ninth Ave North., Ste 1-E
St. Petersburg, Florida 33710
(727) 893-1311ext.208

Spanish, Creole, Bosnian, Vietnamese, Albanian, Russian, Croatian, Serbian, and French spoken
Will not represent detained aliens
May charge a nominal fee

CHURCH WORLD SERVICE
5040 NW 7th Street, Ste 920
Miami, FL 33125
(305) 774-6770

FARM WORKER'S SELF-HELP, INC.

37240 Lock Street
Dade City, Florida 33523
(352) 567-1432

Spanish Spoken
Will, on some occasions, accept collect calls
Will not take Asylum cases

FLORIDA IMMIGRANT ADVOCACY CENTER, INC. (FIAC)
3000 Biscayne Blvd., Suite 400
Miami, Florida 33137
(305) 573-1106

Spanish, Creole, and French Spoken
Will take Asylum cases

FLORIDA IMMIGRANT ADVOCACY CENTER, INC.
1402 New Market Rd. West, Suite B
Immokalee, Florida 34142
(941) 657-7442

Cases with meritorious defenses
Priority will be given to Manatee County
Detention and residents of SW Florida
ONLY Spanish and Creole Spoken

IMMIGRANTS RIGHTS CENTER
1468 S. Semoran Blvd.
Orlando, Florida 32807
(407) 382-4944

Spanish Spoken
Will take Asylum cases
May charge a nominal fee

LUTHERAN SERVICES FLORIDA
4343 W. Flagler St., Suite 200
Miami, Florida 33134
(305) 567-2511
(305) 567-2944, Fax

Creole and Spanish Spoken
May represent aliens in detention but only within Dade County, including Krome Processing Center
Will take Asylum cases

SIMON TSANG, ESQ.
3837 Northdale Blvd., Suite 302
Tampa, Florida 33624
(813) 265-8152; (727) 547-6097

Will take Asylum cases