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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3956
Experience:  Private practice in several areas, including immigration
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I came to the us on a j-1 visa in June 2003, my program

Customer Question

I came to the us on a j-1 visa in June 2003, my program ended in September 2003 but I over stayed for 9 years. I worked during that time. I returned to my home country in November 2012. I got married to a US citizen in May 2014. He filed a I-130 petition May 2015. We are currently at the stage of filling out the DS-260.form. How do I explain that I was out of status? What is the the likelihood of me getting approved ?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You may be subject to the 10 year bar and need to file an I-601 waiver.

On your I-94 did it have an expiration date or did it say "D/S"? This is critical!

It will make the difference of whether you accrued unlawful presence or if you were just out of status.


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