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My wife had a student visa from Japan. I live and I am a…

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My wife had a student...
My wife had a student visa from Japan . I live and I am a u.s. citizen. After her student visa expired we got married. A couple years later her mother got breast cancer and had to undergo surgery to have both breast removed and so she had to return to japan before we could get her USA social security number and her USA citizenship.I have been researching and it appears that she can not re-enter the usa for 10 yrs. She has been back in Japan for 1 year and a half.Is there anything I can do to get her back inside the usa? Within the next 12 months?
Submitted: 8 months ago.Category: Immigration Law
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9/18/2017
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,456
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 8 months ago

Yes, you do have choices to get her back to the US sooner. You can petition her for an immigrant visa by submitting an I-130. That part will get approved because you just have to prove that you have a bonafide marriage. The case willl get pushed through and eventually she will be scheduled for an interview at the US embassy in Japan. When she goes for that interview is when she will be told that she is inadmissible to the US at the moment still has a 10 year bar in place and 8.5 years left to spend outside the US. At that point, she can apply for the I-601 waiver to try to waive the inadmissibility charge. In order to have this waiver approved, she will have to prove that you, her US citizen husband will suffer extreme hardship if you are not allowed to return to the US. If the waiver is approved, she can come back to the US without waiting the rest of the 10 years. The I-130 process on it's own takes about 8 months to a year to get an interview and then the time it can take for a decision on the I-601 varies. but usually it's about 6 months.

You can find the I-130 and I-601 at uscis.gov/forms

Here is more information on the requirements for the I-601

http://www.nolo.com/legal-encyclopedia/proving-extreme-hardship-us-relative-immigration-purposes.html

http://www.nolo.com/legal-encyclopedia/what-are-the-chances-that-my-i-601-waiver-will-be-granted.html

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