Beaumont, TX Immigration Law Firms & Lawyers

You can petition your husband, but he will have to return to Mexico to process unless an approvable application was filed for him or his parents by April 30, 2001, among other requirements. Upon returning to Mexico, he will be banned from lawful immigration for ten years. You can try to get a waiver for him, but must prove to the satisfaction of a consular official and the USCIS that you will suffer extreme hardship as a matter of law if you are separated from him for ten years or must live with him in Mexico for ten years. The fact that you will suffer the hardship normally experienced by those whose loved one is banned for ten years is not enough according to some of the decisions. There is new program proposed by President Obama to allow you to file the waiver for your husband and get the decision before he decides whether to leave the U.S. There may be other reasons why he cannot come back to the U.S., so I strongly recommend an appointment with a competent and experienced immigration law firm like our office.

If you leave the US within six months after your authorized stay expires, you will not be barred from coming back by law. However, your visa becomes valid and you will need to apply for a new visa.You may run into problems with the American Consulate if the visa officer knows of your overstay. Bottom line: it is possible that you may be denied visa to come back.