hi, I'm a US citizen & my hubby was deported for overstay in 2006 (he has a 10 year bar) he also has a state felony conviction for possession of cocaine (using not distributing) i hear different thing from different lawyers some say he can return some say no way, but my question is; if he has a drug offence then why did he not receive the permenant bar, why only the 10 years? its very confusing. Is there a waiver for this?
State/Country relating to question: Illinois
I have spoken to the chief deputy of home land security(he says my hubby can return) and some other ICE officials also say he can return BUT when I speak with an attorney he told me NO my husband can NEVER return.
Thank you for your question. Some of the information that you have received is generally correct but not quite accurate.
Any type of drug offense serves as a permanent bar for a person from returning to the United States with a Green Card/Immigrant Visa. However, your husband would be eligible to return with a non-immigrant visa such as a visitor visa with an approved waiver pursuant to INA 212(d)(3). The US Consulate would consider the purpose of the trip, the reason as to why the person is inadmissible to the United States, and the ris of harm if the person is allowed to return to the United States.
Regardless of the ten year period based upon the Overstay, the drug conviction would take priority and serve as a permanent bar if your husband
attempted to return to the United States for the purposes of obtaining a green card.
To clarify, your husband can return on a visitor visa with a waiver for a temporary period of time, However, your husband cannot return and obtain a green card as there is not a waiver available for a drug offense.
Thank you for your reply
I think i was informed about something like this, is this where you obtain a visitors visa for about a year and then after that you go back to the US consulate and may get a extension for a year no longer then 3 years?
Can you work on such A visa as a self-employed courier? my husband has a social security card.
Also do you know any really good Immigration law firms in Chicago? we are willing to hire an attorney and even go to Immigration Court every year for the rest of our lives if neccessary.
Thanks again for your help
You are welcome. Generally, the visitor visa allows for a three to six month stay whcih can be extended up to a year. However, it is not generally a good idea for a person to remain in the United States too long because it may be more difficult for a person to obatin a vistor visa in the future.
No, unfortunately, a visitor visa does not allow a person to work.
You can use Illinoislawyerfinder.com as a resource to find an immigration attorney in Chicago. Please find the link below:
last question (sorry) is this type of Visa hard to get? or will it be issued based on the fact that I'm a citizen and we only have family in the US
No, it is not easy to obatin this type of visa. It is based on the discretion of the Consulate but the fact that you are a US citizen and that your husband has other family members are favorable factors.
Knowledgeable and Experienced Immigration Lawyer
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