Windermere, FL Immigration Law Firms & Lawyers

A person can only reopen the case where there is a material error. In your case, whether you overstayed a B-2 visa or a visa waiver period of time would not seem to make that much of a difference as the bottom line is that you would have overstayed your period of legal status in the country.  Only in a situation wherein you were accused of violating the visa waiver and were still within the legal period of stay of a B-2 status would there appear to be a material issue. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

To obtain a change of status to F-2, the applicant must be in valid nonimmigrant status. U.S.C.I.S. does make a few exceptions, but the rule of thumb is that the privilege of change of status requires the maintenance of a current immigration status.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

  Probably your husband's chances of success depend upon the reason for which his visa was revoked 17 years ago and whether those grounds are no longer applicable. Your reference to the code section is incorrect and so it is difficult to know what were the grounds of revocation. If they were because he did not present enough evidence of ties to the home country, your fact situation seems to indicate that he has enough at this time. Good luck on his visa interview if that is the case. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.