Can my girlfriend come back after being deported

[Jack from Jersey]

Jurisdiction

New Jersey

My girlfriend came here 15 years ago. She over stayed her visa and was deported. It's been ten years. She is from scandanavia and has no criminal history. I want to marry her and bring her back to the States. Please help.

 

[flyingron]

If the only issue she has was that she was deported after an overstay, then she was only subject to a ten year bar. If she tried to reenter the US while the bar was active, she most likely has a permanent bar.

What is your status? US citizen or what? It makes a big difference.

 

[mightymoose]

When a person is deported the time they must remain out of the country varies.
If this was just a visa overstay with no other criminal conduct I suspect it is unlikely she would be prevented from returning after this long. She was probably only prohibited from returning for 5 years.

 

[flyingron]

Eh? There's no such thing as a five year bar. Three years for overstays less than a year with a voluntary departure, ten years with a deportation or more than a year of illegal presence,

Of course, just because she's not subject to the bar any longer doesn't mean she'll be admitted. Need more details.

 

[mightymoose]

There's no such thing as a five year bar.

I misread my chart. The 5 year ban has to do with denial at a point of entry. It's old though... Maybe they don't do that anymore. Either way, it has been long enough.
Given the immigration climate we currently have I would not expect returning to be a fast or even a smooth process. Marriage may help it along.

You could always move to Scandinavia to be with her there.

 

[Jack from Jersey]

If the only issue she has was that she was deported after an overstay, then she was only subject to a ten year bar. If she tried to reenter the US while the bar was active, she most likely has a permanent bar.

What is your status? US citizen or what? It makes a big difference.

Thank you.
I am a 52 year old is citizen, born and raised in NJ. I have no criminal record, I am active in my community and I am a teacher and business owner.

 

[flyingron]

You have two options. You can apply for a Fiancee (K-1) visa and bring her over. You then have 90 days to get married and apply for a change of status. Alternatively, you can marry her abroad and then submit an application to for her to enter as your spouse. That can take 10-13 months.

Your record is relatively immaterial. All the above is determined whether she has other immigration issues other than the 15 yo overstay/removal.

 

[Jack from Jersey]

You have two options. You can apply for a Fiancee (K-1) visa and bring her over. You then have 90 days to get married and apply for a change of status. Alternatively, you can marry her abroad and then submit an application to for her to enter as your spouse. That can take 10-13 months.

Your record is relatively immaterial. All the above is determined whether she has other immigration issues other than the 15 yo overstay/removal.

Thank you for your help.

 

[justblue]

Thank you.
I am a 52 year old is citizen, born and raised in NJ. I have no criminal record, I am active in my community and I am a teacher and business owner.

Where did you meet her?

 

[flyingron]

Thank you for your help.

What you don't want to do is have her attempt to enter on a vistor visa at this point with the intent to marry you and stay. That would be immigration fraud and would really muck up your chances to get her to stay legally. I suggest you run everything by an immigration attorney. You want to do this anyhow because if you screw up the filings you could waste both time and as much money as you'd have spent on the attorney to do it right.

 

[army judge]

It's been ten years. She is from scandanavia and has no criminal history.

Pssst, come closer, I'll have to whisper this.

Along our southern border all forms of humankind are entering the USA very easily by uttering a few magic words.

Some are detained a few days, others are chatted up and released.

Sooner or later each one receives about $4,700 a month from generous Uncle Sammy, plus food stamps, rental assistance, healthcare, and a passel of other sweet bennies.

An internet search will quickly reveal the "magic" words and the "story" that must be told.

 

[PayrollHRGuy]

Really Army Judge?

Asylum from the lawless, repressive governments of Scandinavia?

 

[army judge]

Really Army Judge?

Asylum from the lawless, repressive governments of Scandinavia?

That IS your characterization, mate, not mine.